S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3006--B
 
                             I N  S E N A T E
 
                             January 22, 2025
                                ___________
 
 A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
   the Constitution -- read twice and ordered printed, and  when  printed
   to  be  committed to the Committee on Finance -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT to amend the education law, in relation to contracts  for  excel-
   lence;  to  amend the education law, in relation to foundation aid; to
   amend the education law, in relation to the establishment of a  state-
   wide  dual  enrollment policy; to amend the education law, in relation
   to allowable transportation expenses; to amend the education  law,  in
   relation  to  universal  pre-kindergarten  and the Statewide universal
   full-day pre-kindergarten program; to amend chapter 756 of the laws of
   1992 relating to funding a program for work force education  conducted
   by  the  consortium for worker education in New York city, in relation
   to reimbursement for the 2025-2026 school year withholding  a  portion
   of  employment preparation education aid and in relation to the effec-
   tiveness thereof; to amend the education law, in relation  to  maximum
   class  sizes  for  special classes for certain students with disabili-
   ties; to amend chapter 82 of the laws of 1995 amending  the  education
   law  and  other laws relating to state aid to school districts and the
   appropriation of funds for the support of government, in  relation  to
   the  effectiveness  thereof;  providing  for special apportionment for
   salary  expenses;  providing  for  special  apportionment  for  public
   pension  accruals; providing for set-asides from the state funds which
   certain districts are receiving from the total foundation aid; provid-
   ing for support of public libraries; and to repeal certain  provisions
   of  the  education law relating to calculation of school aid (Part A);
   to amend the education law, in relation to the universal prekindergar-
   ten program; to amend the education law,  in  relation  to  foundation
   aid; to amend the education law, in relation to library materials aid;
   to  amend  part  C  of  chapter  56  of the laws of 2020 directing the
   commissioner of education to appoint a monitor for the Rochester  city
   school  district,  establishing  the powers and duties of such monitor
   and certain other officers and relating to the apportionment of aid to
   such school district, in relation to the expenses of the  monitor  and
   to  extend  the effectiveness thereof; to amend chapter 19 of the laws
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12572-04-5
 S. 3006--B                          2
 
   of 2020 authorizing the commissioner of education to appoint a monitor
   to oversee the Hempstead union free school district  and  establishing
   the  powers and duties of such monitor, in relation to the expenses of
   the  monitor and to extend the effectiveness thereof; to amend chapter
   18 of the laws of 2020 repealing a chapter of the laws of 2019 author-
   izing the commissioner of education, in consultation  with  the  comp-
   troller  to  appoint  a  monitor  to  oversee the Wyandanch union free
   school district and establishing the powers and duties of  such  moni-
   tor,  in  relation  to  the  expenses of the monitor and to extend the
   effectiveness thereof; to amend chapter 89 of the laws of 2016  relat-
   ing  to supplementary funding for dedicated programs for public school
   students in the East Ramapo central school district,  in  relation  to
   the  expenses  of the monitor and to extend the effectiveness thereof;
   authorizing the commissioner of education  to  appoint  a  monitor  to
   oversee  the  Mount  Vernon  city school district and establishing the
   powers and duties of such monitor; to  amend  the  education  law,  in
   relation to expanding authorization to provide pupil transportation in
   child  safety  zones;  to  amend  the  education  law,  in relation to
   approved expenses from the testing of potable water systems  of  occu-
   pied  school  buildings;  to  amend  the education law, in relation to
   expanding aid for career education; to amend  the  education  law,  in
   relation  to  increasing  additional apportionment of building aid for
   certain projects; to amend the education law, in relation  to  setting
   interim  tuition  rates  for  certain programs; to amend the education
   law, in relation to authorizing certain institutions to  retain  funds
   in  excess  of  their  allowable  and  reimbursable costs incurred for
   certain services and programs; to amend the education law, in relation
   to transitional aid for charter  school  payments;  providing  for  an
   accelerated   payment  schedule  for  the  New  Rochelle  city  school
   district; directing the commissioner of education to conduct a  survey
   regarding   the  total  mental  health  expenditures  of  each  school
   district; to amend the education law,  in  relation  to  zero-emission
   school buses; to amend the education law, in relation to apportionment
   for  pupil  transportation; to amend the education law, in relation to
   allowable transportation expenses; to  amend  the  education  law,  in
   relation  to  allowable  expenses  for  transportation  capital,  debt
   service, or leases which are related  to  costs  associated  with  the
   purchase of or conversion to zero-emission school buses and supporting
   infrastructure;  to  amend the education law, in relation to operating
   base aid for certain reorganized school districts;  to  amend  chapter
   121  of  the  laws of 1996 authorizing the Roosevelt union free school
   district to finance deficits by  the  issuance  of  serial  bonds,  in
   relation to an apportionment for salary expenses; to amend chapter 378
   of  the  laws of 2010 amending the education law relating to paperwork
   reduction, in  relation to extending the provisions thereof; to  amend
   the education law, in relation to community school grants; and provid-
   ing  for  the repeal of certain provisions upon the expiration thereof
   (Part A-1); to amend the education law, in relation to establishing  a
   universal  school  meals  program; to amend chapter 537 of the laws of
   1976 relating to paid, free and reduced price breakfast  for  eligible
   pupils  in  certain  school districts, in relation to a state subsidy;
   and to repeal section 925 of the education law relating to the  commu-
   nity eligibility provision state subsidy (Part B); to amend the educa-
   tion  law,  in  relation  to  student  use of internet-enabled devices
   during the school day (Part C); to amend the education law in relation
   to scholarships awarded to part-time students by the  New  York  state
 S. 3006--B                          3
 
   higher  education services corporation; to amend the education law, in
   relation to making conforming changes; to repeal section  666  of  the
   education  law, relating to tuition awards for part-time undergraduate
   students;  and to repeal section 667-c-1 of the education law relating
   to the New York state part-time scholarship award program (Part D); to
   amend the education law, in relation to excelsior scholarship  awarded
   to  students  by  the  New York state higher education services corpo-
   ration (Part E); to amend the education law, in relation to creating a
   New York opportunity promise scholarship (Part F); to amend the execu-
   tive law, the public  housing  law  and  the  state  finance  law,  in
   relation  to  discriminatory  practices  by real estate appraisers and
   further fair housing compliance (Part G); intentionally omitted  (Part
   H); to amend the general obligations law, in relation to the liability
   of  a grantee or assignee for deposits made by tenants upon conveyance
   of rent stabilized dwelling units (Part I); to amend the real property
   actions and proceedings law, in relation to determining when a  dwell-
   ing  is  abandoned  (Part  J);  to amend the real property tax law, in
   relation to a tax exemption for residential real property  transferred
   to  a  low-income household or community land trust (Part K); to amend
   the private housing finance law, in relation  to  reduction  of  taxes
   pursuant to shelter rent (Part L); to amend the real property tax law,
   in  relation  to  the  applicability  of the residential redevelopment
   inhibited property exemption to all localities in the state (Part  M);
   to utilize reserves in the mortgage insurance fund for various housing
   purposes  (Part N); to amend part N of chapter 56 of the laws of 2020,
   amending the social services law relating to  restructuring  financing
   for  residential  school  placements, in relation to the effectiveness
   thereof (Part O); to amend the social services  law,  in  relation  to
   certification of child care substitute pools to place substitute care-
   givers  in  licensed  and  registered child care programs (Part P); to
   amend the social services law, in relation to  establishing  the  baby
   bucks  allowance  (Part  Q);  to  amend  the  social  services law, in
   relation to increasing the standards of monthly need for  aged,  blind
   and disabled persons living in the community (Part R); to amend part W
   of  chapter  54  of  the laws of 2016 amending the social services law
   relating to the powers and duties   of the   commissioner   of  social
   services  relating  to  the  appointment  of  a temporary operator, in
   relation to the effectiveness thereof (Part S);  to  amend  the  labor
   law,  in  relation  to  revising  the  healthy terminals act (Part T);
   intentionally omitted (Part U); to amend the labor law, in relation to
   civil penalties for violations of certain provisions for  the  payment
   of  wages;  to  amend the civil practice law and rules, in relation to
   grounds  for attachment; to amend the  business  corporation  law,  in
   relation  to  streamlining  procedures where employees may hold share-
   holders of non-publicly traded corporations personally liable for wage
   theft; to amend the limited liability  company  law,  in  relation  to
   creating  a  right  for  victims of wage theft to hold the ten members
   with the  largest ownership interests in a company  personally  liable
   for  wage  theft; and to amend the labor law, in relation to penalties
   for certain wage violations (Part V); to amend the labor law  and  the
   penal  law,  in  relation  to  the  civil  and  criminal penalties for
   violations of child labor laws (Part W); to amend the  labor  law  and
   the  education  law,  in  relation  to digitizing the process by which
   minors apply for employment certificates or  working  papers;  and  to
   repeal  certain provisions of the labor law relating thereto (Part X);
   to amend the veterans' services law, in relation to annuity to be paid
 S. 3006--B                          4
 
   to parents, spouses, and minor children of service  members  who  died
   while on active duty (Part Y); to amend the executive law, in relation
   to  the requirements for filing a complaint with the division of human
   rights;  and to amend the state finance law, in relation to establish-
   ing a discrimination complaints escrow fund (Part Z); to  require  the
   submission of an annual report on the New York state museum (Part AA);
   to amend the real property tax law, in relation to establishing a real
   property  tax  exemption  for  veterans who have a one hundred percent
   service connected disability (Part BB); to amend the  social  services
   law,  in  relation  to  assisting persons with medically diagnosed HIV
   infection; and repealing certain provisions of such law relating ther-
   eto (Part CC); to amend the social services law, in  relation  to  the
   standards  of monthly need for persons in receipt of public assistance
   (Part DD); to amend the social services law, in relation to allowances
   for the costs of diapers (Part EE); establishing a fiscal  cliff  task
   force  to  conduct  a  study  on  fiscal  cliffs in the state's public
   assistance programs and to make recommendations related  thereto;  and
   providing  for  the  repeal  of such provision upon expiration thereof
   (Part FF); to amend the social services law, in relation to child care
   assistance under the child care block grant (Part GG);  to  amend  the
   social  services  law,  in  relation to increasing the federal poverty
   level requirement for recipients of social services where it  concerns
   the  one-time disregard of earned income following job entry for up to
   six consecutive months (Part HH); to amend the social services law, in
   relation to prohibiting requiring parents  or  caretakers  to  earn  a
   minimum  wage  to  be eligible for child care assistance (Part II); to
   amend the executive law, in relation to extending  the  time  for  the
   advisory  board  and  commissioner  of health to complete requirements
   related to the modernization  and  revitalization  of  SUNY  Downstate
   health  sciences  university  and  provides  that  board  hearings are
   subject to the open meetings  law  (Part  JJ);  to  amend  the  social
   services  law, in relation to establishing the New York healthy incen-
   tive program (Subpart  A);  to  amend  the  social  services  law,  in
   relation to automating SNAP and the New York healthy incentive program
   (Subpart  B);  and  to  amend  the social services law, in relation to
   establishing the New York healthy incentive program  outreach  program
   (Subpart C)(Part KK); to amend the social services law, in relation to
   establishing  a state SNAP minimum benefit program (Part LL); to amend
   the education law, in  relation  to  establishing  the  mental  health
   educational  opportunity  program  and the mental health higher educa-
   tional opportunity program (Part MM); to amend the education  law,  in
   relation  to tuition assistance program awards for students experienc-
   ing homelessness (Part NN); to amend the education law, in relation to
   the New York state  district  attorney  and  indigent  legal  services
   attorney  loan  forgiveness  program (Part OO); to amend the education
   law, in relation to  creating  the  school-based  mental  health  loan
   repayment  program  (Part PP); to amend the education law, in relation
   to allowing for students  in  postsecondary  education  experience  or
   transition  program  to  receive  awards  from  the tuition assistance
   program (Part QQ); to amend the education law, in relation to  phasing
   out certain mandatory university fees for graduate students (Part RR);
   to  amend  the education law, in relation to expanding eligibility for
   the tuition assistance program (Part SS); to amend the education  law,
   in relation to the duration of tuition assistance awards (Part TT); to
   amend  the general business law and the real property law, in relation
   to providing expanded homeownership opportunities from the  conversion
 S. 3006--B                          5
 
   of certain residential rental buildings to condominium status by prop-
   erty  owners  that commit to the stewardship of permanently affordable
   units and the preservation of expiring affordable housing inventory in
   the  city of New York; and providing for the repeal of such provisions
   upon expiration thereof (Part UU); to  amend  the  veterans'  services
   law,  in  relation  to  establishing a searchable database of veteran-
   owned businesses (Part  VV);  to  amend  the  state  finance  law,  in
   relation  to establishing the youth justice innovation fund (Part WW);
   to amend the education law, in relation to  removing  the  requirement
   that  an institution of higher learning shall have a certain amount of
   total endowment assets to qualify for state aid apportionments; and to
   repeal subparagraph (vi) of paragraph (b) of subdivision 2 of  section
   6401 of the education law, relating to the requirement that sponsoring
   colleges  associated with certain institutions of higher learning have
   a certain amount of total endowment assets for  such  institutions  of
   higher  learning to qualify for state aid apportionments (Part XX); to
   amend the private housing finance law, in relation to establishing the
   small rental housing development initiative (Part YY);  to  amend  the
   private  housing  finance  law, in relation to the mobile and manufac-
   tured home replacement program (Part ZZ); to amend the private housing
   finance law, in relation to increasing the annual amount of loans made
   to an agricultural producer from the housing  development  fund  (Part
   AAA);  to amend the private housing finance law, in relation to estab-
   lishing the New York state first home grant program; and to amend  the
   tax law, in relation to excluding the amount of any grant to any first
   time  home  buyer  awarded  or any federal first time home buyer grant
   program from taxable income for the purpose of  calculating  New  York
   adjusted  gross income (Part BBB); to amend the public housing law, in
   relation to establishing the  housing  access  voucher  program  (Part
   CCC);  to  amend  the workers' compensation   law  and  the  insurance
   law, in relation to increasing short-term  disability  benefits  (Part
   DDD);  to  amend  the  workers'  compensation  law, in relation to the
   parties' rights to a hearing upon application to the workers'  compen-
   sation  board  and requiring a record of all hearings held (Part EEE);
   to amend the state finance law, in relation to  establishing  the  New
   York  state  worker  protection  and  labor law enforcement fund (Part
   FFF); to amend the labor law, in relation  to  requiring  training  to
   reduce  abusive  conduct  and bullying in the workplace (Part GGG); to
   amend the labor law, in relation  to  decreasing  the  length  of  the
   suspension  period  applicable to certain striking workers who seek to
   obtain unemployment insurance benefits (Part HHH); to amend the social
   services law, in relation to enacting the  "shelter  arrears  eviction
   forestallment  act"  to provide emergency assistance for rent or mort-
   gage arrears or other fees for the prevention of eviction (Part  III);
   to  amend  the  real  property  tax  law, in relation to expanding the
   applicability of the assessment  exemption  for  living  quarters  for
   parent  or  grandparent  (Part  JJJ);  to amend the navigation law, in
   relation  to  real  property  establishing  the  homeowner  protection
   program  (Part  KKK); to amend the private housing finance law and the
   state finance law, in  relation  to  establishing  the  vacant  rental
   improvement  program  (Part LLL); to amend the private housing finance
   law, in relation to establishing  the  block  by  block  homeownership
   program  (Part  MMM); to amend the labor law, in relation to unemploy-
   ment benefits based on  employment  with  certain  educational  insti-
   tutions; and to repeal certain provisions of such law relating thereto
   (Part  NNN);  to  amend  the labor law, in relation to prevailing wage
 S. 3006--B                          6
 
   requirements  applicable  to  construction  projects  performed  under
   private  contract;  and  to  repeal section 224-c of the labor law, in
   relation to eliminating the public subsidiary  board  (Part  OOO);  in
   relation  to  establishing  an  analysis of the feasibility of forming
   insurance captives for the purpose of controlling and lowering  insur-
   ance  costs  for  affordable  housing  in  the  state of New York; and
   providing for the repeal of such provisions upon the expiration there-
   of (Part PPP); to amend the public housing law, in relation to  public
   reporting  on capital programs and projects of the division of housing
   and community renewal (Part QQQ); to amend the private housing finance
   law, in relation to establishing the green affordable pre-electrifica-
   tion program (Part RRR); and to amend the education law,  in  relation
   to  requiring institutions within the state university of New York and
   the city university of New York to have at least one  vending  machine
   on  campus  which makes emergency contraception available for purchase
   (Part SSS)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act enacts into law major components of legislation
 necessary to implement the state education, labor,  housing  and  family
 assistance budget for the 2025-2026 state fiscal year. Each component is
 wholly  contained  within  a Part identified as Parts A through SSS. The
 effective date for each particular provision contained within such  Part
 is  set  forth  in  the  last section of such Part. Any provision in any
 section contained within a Part, including the  effective  date  of  the
 Part,  which  makes a reference to a section "of this act", when used in
 connection with that particular component, shall be deemed to  mean  and
 refer  to  the  corresponding  section of the Part in which it is found.
 Section three of this act sets forth the general effective date of  this
 act.
 
                                  PART A
 
   Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
 tion law, as amended by section 1 of part A of chapter 56 of the laws of
 2024, is amended to read as follows:
   e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
 district that submitted a contract for excellence for the  two  thousand
 eight--two  thousand nine school year shall submit a contract for excel-
 lence for the  two  thousand  nine--two  thousand  ten  school  year  in
 conformity  with the requirements of subparagraph (vi) of paragraph a of
 subdivision two of this section unless all schools in the  district  are
 identified  as  in  good  standing  and  provided further that, a school
 district that submitted a contract for excellence for the  two  thousand
 nine--two  thousand  ten school year, unless all schools in the district
 are identified as in good standing, shall submit a contract  for  excel-
 lence for the two thousand eleven--two thousand twelve school year which
 shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
 graph a of subdivision two of this section, provide for the  expenditure
 of  an  amount  which  shall  be not less than the product of the amount
 approved by the commissioner in the contract for excellence for the  two
 thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
 district's gap elimination adjustment percentage  and  provided  further
 S. 3006--B                          7

 that, a school district that submitted a contract for excellence for the
 two thousand eleven--two thousand twelve school year, unless all schools
 in  the  district  are  identified  as  in good standing, shall submit a
 contract  for excellence for the two thousand twelve--two thousand thir-
 teen school  year  which  shall,  notwithstanding  the  requirements  of
 subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the  two  thousand  eleven--two  thousand  twelve  school  year  and
 provided  further  that, a school district that submitted a contract for
 excellence for the two thousand  twelve--two  thousand  thirteen  school
 year,  unless  all  schools  in  the  district are identified as in good
 standing, shall submit a contract for excellence for  the  two  thousand
 thirteen--two thousand fourteen school year which shall, notwithstanding
 the  requirements of subparagraph (vi) of paragraph a of subdivision two
 of this section, provide for the expenditure of an amount which shall be
 not less than the amount approved by the commissioner  in  the  contract
 for excellence for the two thousand twelve--two thousand thirteen school
 year  and  provided  further  that,  a  school district that submitted a
 contract for excellence for  the  two  thousand  thirteen--two  thousand
 fourteen  school year, unless all schools in the district are identified
 as in good standing, shall submit a contract for excellence for the  two
 thousand   fourteen--two  thousand  fifteen  school  year  which  shall,
 notwithstanding the requirements of subparagraph (vi) of paragraph a  of
 subdivision  two  of  this  section,  provide  for the expenditure of an
 amount which shall be not less than the amount approved by  the  commis-
 sioner in the contract for excellence for the two thousand thirteen--two
 thousand  fourteen  school  year;  and  provided  further that, a school
 district that submitted a contract for excellence for the  two  thousand
 fourteen--two  thousand  fifteen  school year, unless all schools in the
 district are identified as in good standing, shall submit a contract for
 excellence for the two thousand  fifteen--two  thousand  sixteen  school
 year  which shall, notwithstanding the requirements of subparagraph (vi)
 of paragraph a of subdivision two  of  this  section,  provide  for  the
 expenditure  of  an  amount  which  shall  be  not  less than the amount
 approved by the commissioner in the contract for excellence for the  two
 thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
 further that a school district that submitted a contract for  excellence
 for  the  two thousand fifteen--two thousand sixteen school year, unless
 all schools in the district are identified as in  good  standing,  shall
 submit a contract for excellence for the two thousand sixteen--two thou-
 sand seventeen school year which shall, notwithstanding the requirements
 of  subparagraph (vi) of paragraph a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the two thousand fifteen--two  thousand  sixteen  school  year;  and
 provided  further  that, a school district that submitted a contract for
 excellence for the two thousand sixteen--two thousand  seventeen  school
 year,  unless  all  schools  in  the  district are identified as in good
 standing, shall submit a contract for excellence for  the  two  thousand
 seventeen--two  thousand eighteen school year which shall, notwithstand-
 ing the requirements of subparagraph (vi) of paragraph a of  subdivision
 two  of  this  section,  provide  for the expenditure of an amount which
 shall be not less than the amount approved by the  commissioner  in  the
 contract  for  excellence  for  the  two  thousand sixteen--two thousand
 seventeen school year; and provided further that a school district  that
 S. 3006--B                          8
 
 submitted  a contract for excellence for the two thousand seventeen--two
 thousand eighteen school year, unless all schools in  the  district  are
 identified  as  in good standing, shall submit a contract for excellence
 for  the  two thousand eighteen--two thousand nineteen school year which
 shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
 graph  a of subdivision two of this section, provide for the expenditure
 of an amount which shall be not less than the  amount  approved  by  the
 commissioner  in the contract for excellence for the two thousand seven-
 teen--two thousand eighteen school year; and provided  further  that,  a
 school  district  that  submitted  a contract for excellence for the two
 thousand eighteen--two thousand nineteen school year, unless all schools
 in the district are identified as  in  good  standing,  shall  submit  a
 contract  for  excellence  for  the  two thousand nineteen--two thousand
 twenty school year which  shall,  notwithstanding  the  requirements  of
 subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the two thousand eighteen--two thousand nineteen  school  year;  and
 provided  further  that, a school district that submitted a contract for
 excellence for the two thousand  nineteen--two  thousand  twenty  school
 year,  unless  all  schools  in  the  district are identified as in good
 standing, shall submit a contract for excellence for  the  two  thousand
 twenty--two thousand twenty-one school year which shall, notwithstanding
 the  requirements of subparagraph (vi) of paragraph a of subdivision two
 of this section, provide for the expenditure of an amount which shall be
 not less than the amount approved by the commissioner  in  the  contract
 for excellence for the two thousand nineteen--two thousand twenty school
 year;  and  provided  further  that,  a school district that submitted a
 contract for excellence for the two thousand twenty--two thousand  twen-
 ty-one school year, unless all schools in the district are identified as
 in  good  standing,  shall  submit a contract for excellence for the two
 thousand twenty-one--two thousand twenty-two school  year  which  shall,
 notwithstanding  the requirements of subparagraph (vi) of paragraph a of
 subdivision two of this section,  provide  for  the  expenditure  of  an
 amount  which  shall be not less than the amount approved by the commis-
 sioner in the contract for excellence for the two  thousand  twenty--two
 thousand  twenty-one  school  year;  and provided further that, a school
 district that submitted a contract for excellence for the  two  thousand
 twenty-one--two  thousand  twenty-two school year, unless all schools in
 the district are identified as in good standing, shall submit a contract
 for excellence for the two  thousand  twenty-two--two  thousand  twenty-
 three  school  year  which  shall,  notwithstanding  the requirements of
 subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
 provide  for  the  expenditure of an amount which shall be not less than
 the amount approved by the commissioner in the contract  for  excellence
 for  the  two  thousand twenty-one--two thousand twenty-two school year;
 and provided further that, a school district that submitted  a  contract
 for  excellence  for  the  two thousand twenty-two--two thousand twenty-
 three school year, unless all schools in the district are identified  as
 in  good  standing,  shall  submit a contract for excellence for the two
 thousand twenty-three--two thousand twenty-four school year which shall,
 notwithstanding the requirements of subparagraph (vi) of paragraph a  of
 subdivision  two  of  this  section,  provide  for the expenditure of an
 amount which shall be not less than the amount approved by  the  commis-
 sioner  in the contract for excellence for the two thousand twenty-two--
 two thousand twenty-three school year;  and  provided  further  that,  a
 S. 3006--B                          9
 
 school  district  that  submitted  a contract for excellence for the two
 thousand twenty-three--two thousand twenty-four school year, unless  all
 schools in the district are identified as in good standing, shall submit
 a contract for excellence for the two thousand twenty-four--two thousand
 twenty-five school year which shall, notwithstanding the requirements of
 subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the two thousand twenty-three--two thousand twenty-four school year;
 AND PROVIDED FURTHER THAT A SCHOOL DISTRICT THAT  SUBMITTED  A  CONTRACT
 FOR  EXCELLENCE  FOR  THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-
 FIVE SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE  IDENTIFIED  AS
 IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE FOLLOW-
 ING SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING THE REQUIREMENTS OF SUBPAR-
 AGRAPH  (VI)  OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, PROVIDE
 FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE NOT LESS THAN THE AMOUNT
 APPROVED BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE FOR THE  TWO
 THOUSAND  TWENTY-FOUR--TWO  THOUSAND  TWENTY-FIVE SCHOOL YEAR; provided,
 however, that, in a city school district in a city having  a  population
 of one million or more, notwithstanding the requirements of subparagraph
 (vi) of paragraph a of subdivision two of this section, the contract for
 excellence  shall  provide  for the expenditure as set forth in subpara-
 graph (v) of paragraph a of  subdivision  two  of  this  section.    For
 purposes  of this paragraph, the "gap elimination adjustment percentage"
 shall be calculated as the sum of one minus the quotient of the  sum  of
 the  school  district's  net gap elimination adjustment for two thousand
 ten--two thousand eleven computed pursuant to chapter fifty-three of the
 laws of two thousand ten,  making  appropriations  for  the  support  of
 government,  plus  the  school district's gap elimination adjustment for
 two thousand eleven--two thousand twelve as computed pursuant to chapter
 fifty-three of the laws of two thousand  eleven,  making  appropriations
 for  the  support  of the local assistance budget, including support for
 general support for public schools, divided by the total aid for adjust-
 ment computed pursuant to chapter fifty-three of the laws of  two  thou-
 sand  eleven,  making  appropriations  for  the local assistance budget,
 including support for general  support  for  public  schools.  Provided,
 further,  that  such  amount  shall  be expended to support and maintain
 allowable programs and activities approved in the two thousand nine--two
 thousand ten school  year  or  to  support  new  or  expanded  allowable
 programs and activities in the current year.
   § 2. Paragraph p of subdivision 1 of section 3602 of the education law
 is REPEALED.
   § 3. The opening paragraph and subparagraphs (i) and (ii) of paragraph
 q  of  subdivision 1 of section 3602 of the education law, as amended by
 section 16 of part YYY of chapter 59 of the laws of 2017, are amended to
 read as follows:
   "Poverty count" shall mean the sum  of  the  product  of  the  [lunch]
 ECONOMICALLY   DISADVANTAGED  STUDENT  count  multiplied  by  sixty-five
 percent, plus the product of the  [census]  SAIPE  count  multiplied  by
 sixty-five percent, where:
   (i) ["Lunch] "ECONOMICALLY DISADVANTAGED STUDENT count" shall mean the
 product  of  the  public school enrollment of the school district on the
 date enrollment was counted in accordance with this subdivision for  the
 base  year  multiplied by the three-year average [free and reduced price
 lunch percent] ECONOMICALLY DISADVANTAGED RATE; and
 S. 3006--B                         10
 
   (ii) ["Census] "SAIPE count" shall mean  the  product  of  the  public
 school  enrollment  of  the  school  district on the date enrollment was
 counted in accordance with this subdivision for the base year multiplied
 by the [census 2000 poverty] THREE-YEAR AVERAGE SMALL  AREA  INCOME  AND
 POVERTY ESTIMATE rate.
   § 4. Subparagraphs (iii), (iv) and (v) of paragraph q of subdivision 1
 of section 3602 of the education law are REPEALED.
   §  5.  Paragraph  kk of subdivision 1 of section 3602 of the education
 law is REPEALED.
   § 6. Paragraph ll of subdivision 1 of section 3602  of  the  education
 law,  as  added  by  section 11-a of part A of chapter 56 of the laws of
 2021, is renumbered subparagraph (iv) of paragraph q of such subdivision
 1 and is amended to read as follows:
   (iv) (1) "Economically disadvantaged count"  shall  be  equal  to  the
 unduplicated  count  of  all  children registered to receive educational
 services in grades kindergarten through twelve,  including  children  in
 ungraded  programs  who participate in, or whose family participates in,
 economic assistance programs, such as the free  or  reduced-price  lunch
 programs,  Social  Security Insurance, Supplemental Nutrition Assistance
 Program, Foster Care, Refugee Assistance (cash or  medical  assistance),
 Earned  Income Tax Credit (EITC), Home Energy Assistance Program (HEAP),
 Safety Net Assistance (SNA), Bureau of Indian Affairs (BIA),  or  Tempo-
 rary Assistance for Needy Families (TANF).
   (2)  "Economically disadvantaged rate" shall mean the quotient arrived
 at when dividing the economically disadvantaged count by public  enroll-
 ment  as  computed  pursuant  to subparagraph one of paragraph n of this
 subdivision.
   (3) "Three-year average economically disadvantaged rate"  shall  equal
 the quotient of: (i) the sum of the economically disadvantaged count for
 the  school year prior to the base year, plus such number for the school
 year two years prior to the base year, plus such number for  the  school
 year  three  years  prior  to  the base year; divided by (ii) the sum of
 enrollment as computed pursuant to subparagraph one of  paragraph  n  of
 THIS  subdivision [one of this section] for the school year prior to the
 base year, plus such number for the school year two years prior  to  the
 base year, plus such number for the school year three years prior to the
 base year, [computed] ROUNDED to four decimals [without rounding].
   §  7.  Paragraph  mm of subdivision 1 of section 3602 of the education
 law is renumbered subparagraph (iii) of paragraph q of such  subdivision
 1 and is amended to read as follows:
   (iii) "Three-year average small area income and poverty estimate rate"
 shall  equal  the quotient of: (i) the sum of the number of persons aged
 five to seventeen within the school district, based on  the  small  area
 income  and  poverty  estimates  produced  by  the  United States census
 bureau, whose families had incomes  below  the  poverty  level  for  the
 calendar  year prior to the year in which the base year began, plus such
 number for the calendar year two years prior to the year  in  which  the
 base  year  began,  plus  such  number for the calendar year three years
 prior to the year in which the base year began; divided by (ii) the  sum
 of  the total number of persons aged five to seventeen within the school
 district, based on such census bureau estimates, for the year  prior  to
 the  year  in  which the base year began, plus such total number for the
 year two years prior to the year in which the base year began, plus such
 total number for the year three years prior to the  year  in  which  the
 base year began, [computed] ROUNDED to four decimals [without rounding].
 S. 3006--B                         11
 
   § 8. Subparagraph 2 of paragraph g of subdivision 3 of section 3602 of
 the  education  law, as amended by section 13 of part B of chapter 57 of
 the laws of 2008, is amended to read as follows:
   (2)  a  value computed by subtracting from one the product obtained by
 multiplying the combined wealth ratio by sixty-four hundredths, PROVIDED
 HOWEVER, THAT FOR THE PURPOSE OF COMPUTING THE STATE SHARING  RATIO  FOR
 TOTAL  FOUNDATION AID, THE TIER TWO VALUE SHALL BE COMPUTED BY SUBTRACT-
 ING FROM ONE THE PRODUCT OBTAINED WHEN MULTIPLYING THE  COMBINED  WEALTH
 RATIO  BY  SIX  HUNDRED TWENTY-EIGHT THOUSANDTHS (0.628) AND SUCH VALUES
 SHALL BE COMPUTED USING THE COMBINED WEALTH RATIO FOR  TOTAL  FOUNDATION
 AID IN PLACE OF THE COMBINED WEALTH RATIO; or
   §  9. The closing paragraph of paragraph g of subdivision 3 of section
 3602 of the education law, as amended by section 8 of part A of  chapter
 56 of the laws of 2024, is amended to read as follows:
   Such  result  shall  be expressed as a decimal carried to three places
 without rounding, but shall not be greater than  ninety  hundredths  nor
 less than zero, provided, however, that for the purpose of computing the
 state  sharing  ratio for total foundation aid in the two thousand twen-
 ty-four--two thousand twenty-five school  year[  and  thereafter],  such
 result  shall not be greater than ninety-one hundredths (0.91), AND THAT
 FOR THE PURPOSE OF COMPUTING THE STATE SHARING RATIO FOR  TOTAL  FOUNDA-
 TION AID IN THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL
 YEAR  AND THEREAFTER, SUCH RESULT SHALL NOT BE GREATER THAN NINETY-THREE
 HUNDREDTHS (0.93).
   § 10. Subdivision 4 of section 3602 of the education law is amended by
 adding a new paragraph f to read as follows:
   F. FOUNDATION AID PAYABLE IN THE TWO THOUSAND  TWENTY-FIVE--TWO  THOU-
 SAND TWENTY-SIX SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
 CONTRARY,  FOUNDATION  AID  PAYABLE IN THE TWO THOUSAND TWENTY-FIVE--TWO
 THOUSAND TWENTY-SIX SCHOOL YEAR SHALL EQUAL THE GREATER OF TOTAL FOUNDA-
 TION AID OR THE PRODUCT OF ONE AND THREE HUNDREDTHS (1.03) MULTIPLIED BY
 THE FOUNDATION AID BASE.
   § 11.  The education law is amended by adding a  new  section  319  to
 read as follows:
   §  319.  ESTABLISHMENT  OF  DUAL ENROLLMENT POLICY. 1. FOR PURPOSES OF
 THIS SECTION:
   (A) "DUAL ENROLLMENT" MEANS ANY PROGRAM THAT IS A PARTNERSHIP  BETWEEN
 AT  LEAST  ONE  SCHOOL  AND AT LEAST ONE INSTITUTION OF HIGHER EDUCATION
 THAT PROVIDES HIGH SCHOOL STUDENTS WITH THE  OPPORTUNITY  TO  ENROLL  IN
 COLLEGE  COURSES  AND  EARN TRANSCRIPTED AND TRANSFERABLE COLLEGE CREDIT
 FROM THE INSTITUTION(S) WHILE  COMPLETING  HIGH  SCHOOL  GRADUATION  AND
 DIPLOMA REQUIREMENTS. DUAL ENROLLMENT IS THE UMBRELLA UNDER WHICH EXIST-
 ING  PROGRAMS  LIKE  PATHWAYS  IN  TECHNOLOGY EARLY COLLEGE HIGH SCHOOLS
 (P-TECH), SMART SCHOLARS, AND SMART TRANSFER FALL.
   (B) "SCHOOL" MEANS A CHARTER SCHOOL, A SCHOOL DISTRICT, OR A BOARD  OF
 COOPERATIVE EDUCATIONAL SERVICES.
   2. THE COMMISSIONER SHALL ADOPT A STATEWIDE POLICY OUTLINING THE DEFI-
 NITION  OF DUAL ENROLLMENT PROGRAMS AND GUIDELINES FOR PARTICIPATION AND
 DATA REPORTING IN NEW YORK STATE.
   3. THE POLICY ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS  SECTION
 SHALL  REQUIRE  THAT  SCHOOLS AND HIGHER EDUCATION INSTITUTIONS ANNUALLY
 SUBMIT TO THE DEPARTMENT DATA DEMONSTRATING PARTICIPATION AND SUCCESS IN
 DUAL ENROLLMENT PROGRAMS IN A FORM AND MANNER DETERMINED BY THE  COMMIS-
 SIONER  PURSUANT  TO  SUBDIVISION  FIVE  OF THIS SECTION. THE DEPARTMENT
 SHALL ANNUALLY PUBLISH SUCH DATA ON ITS PUBLIC  WEBSITE  NO  LATER  THAN
 S. 3006--B                         12
 
 JANUARY FIRST IN THE SCHOOL YEAR FOLLOWING THE SCHOOL YEAR FOR WHICH THE
 DATA IS APPLICABLE.
   4.  THE POLICY ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION
 SHALL REQUIRE THAT, BY SEPTEMBER FIRST,  TWO  THOUSAND  TWENTY-SIX,  ALL
 SCHOOLS PARTICIPATING IN A DUAL ENROLLMENT PROGRAM HAVE ON FILE WITH THE
 DEPARTMENT  A  PARTNERSHIP  AGREEMENT  WITH THE INSTITUTION(S) OF HIGHER
 EDUCATION WITH WHICH THEY ARE  PARTNERED.  SUCH  PARTNERSHIP  AGREEMENTS
 SHALL  ESTABLISH  THE SCOPE AND TERMS OF THE DUAL ENROLLMENT PROGRAM, AS
 WELL AS A PROTOCOL FOR  COLLECTING,  SHARING,  AND  REPORTING  ANY  DATA
 REQUIRED  BY  THE  COMMISSIONER  PURSUANT  TO  THIS SECTION. PARTNERSHIP
 AGREEMENTS SHALL BE CONSISTENT WITH THE POLICY ADOPTED  BY  THE  COMMIS-
 SIONER  PURSUANT  TO  SUBDIVISION TWO OF THIS SECTION, AND SHALL CONTAIN
 SUCH OTHER PROVISIONS AS MAY BE REQUIRED BY THE COMMISSIONER.  THE PART-
 NERSHIP AGREEMENTS SHALL BE UPDATED AND RESUBMITTED NO  LESS  THAN  ONCE
 EVERY  FIVE  YEARS.  THE  COMMISSIONER  SHALL  DEVELOP AND MAKE PUBLICLY
 AVAILABLE THE REQUIRED PARTNERSHIP AGREEMENT FORM FOR SCHOOLS AND HIGHER
 EDUCATION INSTITUTIONS NO LATER THAN JANUARY FIRST, TWO  THOUSAND  TWEN-
 TY-SIX.
   5.  ON  OR  BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-SIX, THE COMMIS-
 SIONER, THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK, THE CHANCEL-
 LOR OF THE CITY UNIVERSITY OF NEW YORK, AND THE GOVERNOR  SHALL  JOINTLY
 ESTABLISH DATA POINTS TO BE SUBMITTED PURSUANT TO THIS SECTION.
   §  12.  Subdivision 4 of section 3627 of the education law, as amended
 by section 13-a of part A of chapter 56 of the laws of 2024, is  amended
 to read as follows:
   4.  Notwithstanding  any  other  provision of law to the contrary, any
 expenditures for transportation provided pursuant to this section in the
 two thousand thirteen--two thousand fourteen school year and  thereafter
 and  otherwise  eligible  for transportation aid pursuant to subdivision
 seven of section thirty-six hundred two of this article shall be consid-
 ered approved transportation expenses eligible for  transportation  aid,
 provided  further that for the two thousand thirteen--two thousand four-
 teen school year such aid shall be limited to eight million one  hundred
 thousand dollars and for the two thousand fourteen--two thousand fifteen
 school  year  such aid shall be limited to the sum of twelve million six
 hundred thousand dollars plus the base amount and for the  two  thousand
 fifteen--two  thousand  sixteen  school  year through two thousand eigh-
 teen--two thousand nineteen school year such aid shall be limited to the
 sum of eighteen million eight hundred fifty thousand  dollars  plus  the
 base  amount  and  for  the  two  thousand nineteen--two thousand twenty
 school year such aid shall be limited to the  sum  of  nineteen  million
 three  hundred  fifty  thousand dollars plus the base amount and for the
 two thousand twenty--two thousand twenty-one school year such aid  shall
 be  limited  to the sum of nineteen million eight hundred fifty thousand
 dollars plus the base amount and for the  two  thousand  twenty-two--two
 thousand  twenty-three  school year such aid shall be limited to the sum
 of twenty-two million three hundred fifty thousand dollars plus the base
 amount and for the two thousand twenty-three--two  thousand  twenty-four
 school  year such aid shall be limited to the sum of twenty-four million
 eight hundred fifty thousand dollars plus the base amount  and  for  the
 two  thousand  twenty-four--two  thousand  twenty-five  school year [and
 thereafter] such aid shall be limited to the sum of twenty-nine  million
 eight  hundred  fifty  thousand dollars plus the base amount AND FOR THE
 TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR AND THERE-
 AFTER SUCH AID SHALL BE LIMITED TO THE PRODUCT OF (I) THE MAXIMUM AMOUNT
 OF AID AUTHORIZED BY THIS SUBDIVISION FOR THE BASE YEAR,  AND  (II)  THE
 S. 3006--B                         13
 
 SUM  OF  TWO  AND  ONE-HALF AND THE PERCENTAGE INCREASE IN  THE CONSUMER
 PRICE INDEX AS DEFINED IN PARAGRAPH HH OF  SUBDIVISION  ONE  OF  SECTION
 THIRTY-SIX  HUNDRED  TWO OF THIS ARTICLE.  For purposes of this subdivi-
 sion,  "base  amount" means the amount of transportation aid paid to the
 school district for expenditures incurred in the two  thousand  twelve--
 two  thousand  thirteen  school  year for transportation that would have
 been eligible for aid pursuant to this section had this section been  in
 effect  in such school year, except that subdivision six of this section
 shall be deemed not to have been in effect. And  provided  further  that
 the  school district shall continue to annually expend for the transpor-
 tation described in subdivision one of this section at least the expend-
 itures used for the base amount.
   § 13. Paragraph i of subdivision 12 of section 3602 of  the  education
 law,  as  amended  by  section 14 of part A of chapter 56 of the laws of
 2024, is amended to read as follows:
   i. For the two thousand  twenty-one--two  thousand  twenty-two  school
 year  through  the  two thousand [twenty-four] TWENTY-FIVE--two thousand
 [twenty-five] TWENTY-SIX school year,  each  school  district  shall  be
 entitled  to  an  apportionment  equal  to the amount set forth for such
 school district as "ACADEMIC ENHANCEMENT"  under  the  heading  "2020-21
 ESTIMATED  AIDS"  in  the  school  aid  computer listing produced by the
 commissioner in support of the budget for the two  thousand  twenty--two
 thousand  twenty-one school year and entitled "SA202-1", and such appor-
 tionment shall be deemed to satisfy the state obligation to  provide  an
 apportionment  pursuant  to  subdivision  eight  of  section  thirty-six
 hundred forty-one of this article.
   § 14. The opening paragraph of subdivision 16 of section 3602  of  the
 education  law,  as amended by section 15 of part A of chapter 56 of the
 laws of 2024, is amended to read as follows:
   Each school district shall be eligible  to  receive  a  high  tax  aid
 apportionment  in the two thousand eight--two thousand nine school year,
 which shall equal the greater of (i) the sum of the tier 1 high tax  aid
 apportionment, the tier 2 high tax aid apportionment and the tier 3 high
 tax  aid apportionment or (ii) the product of the apportionment received
 by the school district pursuant to this subdivision in the two  thousand
 seven--two  thousand  eight  school  year, multiplied by the due-minimum
 factor, which shall equal, for districts with an alternate pupil  wealth
 ratio  computed  pursuant  to  paragraph  b of subdivision three of this
 section that is less than two, seventy percent (0.70), and for all other
 districts, fifty percent (0.50). Each school district shall be  eligible
 to  receive  a  high tax aid apportionment in the two thousand nine--two
 thousand ten through two thousand twelve--two thousand  thirteen  school
 years in the amount set forth for such school district as "HIGH TAX AID"
 under  the  heading  "2008-09 BASE YEAR AIDS" in the school aid computer
 listing produced by the commissioner in support of the  budget  for  the
 two  thousand  nine--two thousand ten school year and entitled "SA0910".
 Each school district shall be eligible to receive a high tax aid  appor-
 tionment in the two thousand thirteen--two thousand fourteen through two
 thousand  [twenty-four]  TWENTY-FIVE--two thousand [twenty-five] TWENTY-
 SIX school year equal to the greater of (1) the  amount  set  forth  for
 such  school  district as "HIGH TAX AID" under the heading "2008-09 BASE
 YEAR AIDS" in the school aid computer listing produced  by  the  commis-
 sioner  in support of the budget for the two thousand nine--two thousand
 ten school year and entitled "SA0910" or (2) the amount  set  forth  for
 such  school district as "HIGH TAX AID" under the heading "2013-14 ESTI-
 MATED AIDS" in the school aid computer listing produced by  the  commis-
 S. 3006--B                         14
 
 sioner  in  support  of the executive budget for the 2013-14 fiscal year
 and entitled "BT131-4".
   §  15.  Subdivision  16  of  section  3602-ee of the education law, as
 amended by section 18 of part A of chapter 56 of the laws  of  2024,  is
 amended to read as follows:
   16.  The authority of the department to administer the universal full-
 day pre-kindergarten program shall expire June thirtieth,  two  thousand
 [twenty-five]  TWENTY-SIX;  provided that the program shall continue and
 remain in full effect.
   § 16. Intentionally omitted.
   § 17. Intentionally omitted.
   § 18. Subdivision b of section 2 of chapter 756 of the laws  of  1992,
 relating  to funding a program for work force education conducted by the
 consortium for worker education in New York city, as amended by  section
 27  of  part  A of chapter 56 of the laws of 2024, is amended to read as
 follows:
   b. Reimbursement for programs approved in accordance with  subdivision
 a  of  this section for the reimbursement for the 2018--2019 school year
 shall not exceed 59.4 percent of the lesser of such approvable costs per
 contact hour or fourteen dollars and ninety-five cents per contact hour,
 reimbursement for the 2019--2020  school  year  shall  not  exceed  57.7
 percent  of  the  lesser  of  such  approvable costs per contact hour or
 fifteen dollars sixty cents per  contact  hour,  reimbursement  for  the
 2020--2021  school  year  shall not exceed 56.9 percent of the lesser of
 such approvable costs per contact hour or sixteen  dollars  and  twenty-
 five  cents  per  contact  hour, reimbursement for the 2021--2022 school
 year shall not exceed 56.0 percent of  the  lesser  of  such  approvable
 costs  per  contact  hour or sixteen dollars and forty cents per contact
 hour, reimbursement for the 2022--2023 school year shall not exceed 55.7
 percent of the lesser of such  approvable  costs  per  contact  hour  or
 sixteen  dollars and sixty cents per contact hour, reimbursement for the
 2023--2024 school year shall not exceed 54.7 percent of  the  lesser  of
 such  approvable costs per contact hour or seventeen dollars and seventy
 cents per contact hour, [and] reimbursement for  the  2024--2025  school
 year  shall  not  exceed  56.6  percent of the lesser of such approvable
 costs per contact hour or eighteen dollars and seventy cents per contact
 hour, AND REIMBURSEMENT FOR THE 2025--2026 SCHOOL YEAR SHALL NOT  EXCEED
 58.2  PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR
 NINETEEN DOLLARS AND FIFTY CENTS PER CONTACT HOUR, and where  a  contact
 hour  represents  sixty  minutes  of instruction services provided to an
 eligible adult.   Notwithstanding any other  provision  of  law  to  the
 contrary,  for  the  2018--2019 school year such contact hours shall not
 exceed one  million  four  hundred  sixty-three  thousand  nine  hundred
 sixty-three  (1,463,963);  for  the  2019--2020 school year such contact
 hours shall not exceed one million four hundred forty-four thousand four
 hundred forty-four (1,444,444); for  the  2020--2021  school  year  such
 contact  hours  shall  not  exceed one million four hundred six thousand
 nine hundred twenty-six (1,406,926); for the 2021--2022 school year such
 contact hours shall not exceed one million four hundred sixteen thousand
 one hundred twenty-two (1,416,122); for the 2022--2023 school year  such
 contact  hours  shall  not  exceed one million four hundred six thousand
 nine hundred twenty-six (1,406,926); for the 2023--2024 school year such
 contact hours shall not exceed one million three hundred forty-two thou-
 sand nine hundred seventy-five (1,342,975);  [and]  for  the  2024--2025
 school  year such contact hours shall not exceed one million two hundred
 twenty-eight thousand seven hundred thirty-three  (1,228,733);  AND  FOR
 S. 3006--B                         15
 
 THE  2025--2026  SCHOOL  YEAR  SUCH  CONTACT  HOURS SHALL NOT EXCEED ONE
 MILLION FOURTEEN THOUSAND ONE HUNDRED NINE (1,014,109).  Notwithstanding
 any other provision of law to the contrary, the apportionment calculated
 for  the city school district of the city of New York pursuant to subdi-
 vision 11 of section 3602 of the education law shall be computed  as  if
 such  contact hours provided by the consortium for worker education, not
 to exceed the contact hours set forth herein, were eligible for  aid  in
 accordance with the provisions of such subdivision 11 of section 3602 of
 the education law.
   §  19. Section 4 of chapter 756 of the laws of 1992, relating to fund-
 ing a program for work force education conducted by the  consortium  for
 worker  education  in New York city, is amended by adding a new subdivi-
 sion dd to read as follows:
   DD. THE PROVISIONS OF THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
 COMPLETION  OF  PAYMENTS FOR THE 2025--2026 SCHOOL YEAR. NOTWITHSTANDING
 ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION  SHALL
 WITHHOLD  A  PORTION  OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
 CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
 COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
 TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE  ACCOUNT
 AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).
   §  20. Section 6 of chapter 756 of the laws of 1992, relating to fund-
 ing a program for work force education conducted by the  consortium  for
 worker education in New York city, as amended by section 29 of part A of
 chapter 56 of the laws of 2024, is amended to read as follows:
   §  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
 repealed June 30, [2025] 2026.
   § 21. Subdivision 6 of section 4402 of the education law,  as  amended
 by section 25 of part A of chapter 56 of the laws of 2024, is amended to
 read as follows:
   6.  Notwithstanding any other law, rule or regulation to the contrary,
 the board of education of a city school district with  a  population  of
 one  hundred twenty-five thousand or more inhabitants shall be permitted
 to establish  maximum  class  sizes  for  special  classes  for  certain
 students  with  disabilities  in  accordance with the provisions of this
 subdivision. For the purpose of obtaining relief from any adverse fiscal
 impact from under-utilization of special education resources due to  low
 student  attendance  in  special  education  classes  at  the middle and
 secondary level as determined by the commissioner, such boards of educa-
 tion shall, during the school years nineteen hundred  ninety-five--nine-
 ty-six through June thirtieth, two thousand [twenty-five] TWENTY-SIX, be
 authorized  to  increase  class  sizes  in  special  classes  containing
 students with disabilities whose age ranges are equivalent to  those  of
 students  in middle and secondary schools as defined by the commissioner
 for purposes of this section by up to but not  to  exceed  one  and  two
 tenths  times the applicable maximum class size specified in regulations
 of the commissioner rounded up to the  nearest  whole  number,  provided
 that  in  a  city  school district having a population of one million or
 more, classes that have a maximum class size of fifteen may be increased
 by no more than one student and  provided  that  the  projected  average
 class  size  shall  not  exceed  the maximum specified in the applicable
 regulation, provided that such authorization  shall  terminate  on  June
 thirtieth, two thousand. Such authorization shall be granted upon filing
 of  a  notice by such a board of education with the commissioner stating
 the board's intention to increase such class sizes and  a  certification
 that  the  board  will  conduct  a  study  of attendance problems at the
 S. 3006--B                         16

 secondary level and will implement a corrective action plan to  increase
 the  rate of attendance of students in such classes to at least the rate
 for students attending regular education classes in secondary schools of
 the  district.  Such  corrective  action  plan  shall  be  submitted for
 approval by the commissioner by a date during the school year  in  which
 such  board  increases class sizes as provided pursuant to this subdivi-
 sion to be prescribed by the commissioner. Upon  at  least  thirty  days
 notice to the board of education, after conclusion of the school year in
 which  such  board  increases  class  sizes as provided pursuant to this
 subdivision, the commissioner shall  be  authorized  to  terminate  such
 authorization  upon  a  finding  that the board has failed to develop or
 implement an approved corrective action plan.
   § 22. Subdivisions 22 and 24 of section 140 of chapter 82 of the  laws
 of 1995, amending the education law and other laws relating to state aid
 to  school  districts  and the appropriation of funds for the support of
 government, as amended by section 26 of part A of chapter 56 of the laws
 of 2024, are amended to read as follows:
   (22) sections one hundred twelve, one hundred  thirteen,  one  hundred
 fourteen,  one hundred fifteen and one hundred sixteen of this act shall
 take effect on July 1, 1995; provided, however, that section one hundred
 thirteen of this act shall remain in full force and effect until July 1,
 [2025] 2026 at which time it shall be deemed repealed;
   (24) sections one hundred eighteen through one hundred thirty of  this
 act  shall  be deemed to have been in full force and effect on and after
 July 1, 1995; provided further, however, that the amendments made pursu-
 ant to section one hundred twenty-four of this act shall be deemed to be
 repealed on and after July 1, [2025] 2026;
   § 23. Special apportionment for salary  expenses.  1.  Notwithstanding
 any  other  provision  of  law,  upon application to the commissioner of
 education, not sooner than the first day of  the  second  full  business
 week  of  June  2026  and  not later than the last day of the third full
 business week of June 2026, a school district eligible for an apportion-
 ment pursuant to section 3602 of the education law shall be eligible  to
 receive  an  apportionment pursuant to this section, for the school year
 ending June 30, 2026, for salary expenses incurred between April  1  and
 June 30, 2025 and such apportionment shall not exceed the sum of (a) the
 deficit  reduction assessment of 1990--1991 as determined by the commis-
 sioner of education, pursuant to paragraph f of subdivision 1 of section
 3602 of the education law, as in effect through June 30, 1993, plus  (b)
 186  percent  of such amount for a city school district in a city with a
 population in excess of 1,000,000 inhabitants, plus (c) 209  percent  of
 such  amount  for  a city school district in a city with a population of
 more than 195,000 inhabitants and less than 219,000 inhabitants  accord-
 ing  to  the  latest  federal  census,  plus (d) the net gap elimination
 adjustment for 2010--2011, as determined by the commissioner  of  educa-
 tion pursuant to chapter 53 of the laws of 2010, plus (e) the gap elimi-
 nation  adjustment  for  2011--2012 as determined by the commissioner of
 education pursuant to subdivision 17 of section 3602  of  the  education
 law,  and provided further that such apportionment shall not exceed such
 salary expenses. Such application shall be made by  a  school  district,
 after the board of education or trustees have adopted a resolution to do
 so and in the case of a city school district in a city with a population
 in excess of 125,000 inhabitants, with the approval of the mayor of such
 city.
   2.  The  claim  for  an  apportionment to be paid to a school district
 pursuant to subdivision 1 of this section  shall  be  submitted  to  the
 S. 3006--B                         17
 
 commissioner  of  education  on  a form prescribed for such purpose, and
 shall be payable upon determination by such commissioner that  the  form
 has been submitted as prescribed. Such approved amounts shall be payable
 on  the  same  day in September of the school year following the year in
 which application was made as funds provided pursuant to subparagraph  4
 of  paragraph  b  of  subdivision 4 of section 92-c of the state finance
 law, on the audit and warrant  of  the  state  comptroller  on  vouchers
 certified  or  approved  by  the commissioner of education in the manner
 prescribed by law from moneys in the state lottery  fund  and  from  the
 general  fund  to  the  extent that the amount paid to a school district
 pursuant to this section exceeds the amount, if  any,  due  such  school
 district  pursuant  to subparagraph 2 of paragraph a of subdivision 1 of
 section 3609-a of the education law in the  school  year  following  the
 year in which application was made.
   3.  Notwithstanding  the provisions of section 3609-a of the education
 law, an amount equal to the amount paid to a school district pursuant to
 subdivisions 1 and 2 of this section shall first be  deducted  from  the
 following  payments  due  the  school  district  during  the school year
 following the year in which application was made  pursuant  to  subpara-
 graphs  1,  2,  3,  4  and  5 of paragraph a of subdivision 1 of section
 3609-a of the education law in the following order: the  lottery  appor-
 tionment  payable  pursuant to subparagraph 2 of such paragraph followed
 by the fixed fall payments payable pursuant to subparagraph  4  of  such
 paragraph  and then followed by the district's payments to the teachers'
 retirement system pursuant to subparagraph 1 of such paragraph, and  any
 remainder  to  be  deducted  from  the  individualized  payments due the
 district pursuant to paragraph b of such subdivision shall  be  deducted
 on  a  chronological  basis  starting  with the earliest payment due the
 district.
   § 24. Special apportionment for public pension accruals. 1.   Notwith-
 standing any other provision of law, upon application to the commission-
 er  of education, not later than June 30, 2026, and for each year there-
 after for the following four years, a school district  eligible  for  an
 apportionment  pursuant  to  section  3602 of the education law shall be
 eligible to receive an apportionment pursuant to this  section,  through
 the  school  year  ending June 30, 2030 and such apportionment shall not
 exceed the additional accruals required to be made by  school  districts
 in  the  2004--2005  and 2005--2006 school years associated with changes
 for such public pension  liabilities.  The  amount  of  such  additional
 accrual shall be certified to the commissioner of education by the pres-
 ident  of  the  board  of education or the trustees or, in the case of a
 city school district in a city with a population in  excess  of  125,000
 inhabitants, the mayor of such city. Such application shall be made by a
 school district, after the board of education or trustees have adopted a
 resolution  to do so and in the case of a city school district in a city
 with a population in excess of 125,000 inhabitants, with the approval of
 the mayor of such city.
   2. The claim for an apportionment to be  paid  to  a  school  district
 pursuant  to  subdivision  one of this section shall be submitted to the
 commissioner of education on a form prescribed  for  such  purpose,  and
 shall  be  payable upon determination by such commissioner that the form
 has been submitted as prescribed. Such approved amounts shall be payable
 on the same day in September of the school year following  the  year  in
 which  application was made as funds provided pursuant to subparagraph 4
 of paragraph b of subdivision 4 of section 92-c  of  the  state  finance
 law,  on  the  audit  and  warrant  of the state comptroller on vouchers
 S. 3006--B                         18
 
 certified or approved by the commissioner of  education  in  the  manner
 prescribed  by  law  from  moneys in the state lottery fund and from the
 general fund to the extent that the amount paid  to  a  school  district
 pursuant  to  this  section  exceeds the amount, if any, due such school
 district pursuant to subparagraph 2 of paragraph a of subdivision  1  of
 section  3609-a  of  the  education law in the school year following the
 year in which application was made.
   3. Notwithstanding the provisions of section 3609-a of  the  education
 law, an amount equal to the amount paid to a school district pursuant to
 subdivisions  1  and  2 of this section shall first be deducted from the
 following payments due  the  school  district  during  the  school  year
 following  the  year  in which application was made pursuant to subpara-
 graphs 1, 2, 3, 4 and 5 of paragraph  a  of  subdivision  1  of  section
 3609-a  of  the education law in the following order: the lottery appor-
 tionment payable pursuant to subparagraph 2 of such  paragraph  followed
 by  the  fixed  fall payments payable pursuant to subparagraph 4 of such
 paragraph and then followed by the district's payments to the  teachers'
 retirement  system pursuant to subparagraph 1 of such paragraph, and any
 remainder to be  deducted  from  the  individualized  payments  due  the
 district  pursuant  to paragraph b of such subdivision shall be deducted
 on a chronological basis starting with  the  earliest  payment  due  the
 district.
   §  25. The amounts specified in this section shall be a set-aside from
 the state funds which each such district is  receiving  from  the  total
 foundation aid:
   1.  for the development, maintenance or expansion of magnet schools or
 magnet school programs for the 2025--2026  school  year.  For  the  city
 school  district  of  the city of New York there shall be a set-aside of
 foundation aid equal to forty-eight  million  one  hundred  seventy-five
 thousand  dollars  ($48,175,000) including five hundred thousand dollars
 ($500,000) for the Andrew Jackson High  School;  for  the  Buffalo  city
 school   district,   twenty-one  million  twenty-five  thousand  dollars
 ($21,025,000); for the Rochester city school district,  fifteen  million
 dollars  ($15,000,000);  for the Syracuse city school district, thirteen
 million dollars ($13,000,000); for the  Yonkers  city  school  district,
 forty-nine  million five hundred thousand dollars ($49,500,000); for the
 Newburgh city school district, four million six hundred forty-five thou-
 sand dollars ($4,645,000); for the Poughkeepsie  city  school  district,
 two million four hundred seventy-five thousand dollars ($2,475,000); for
 the Mount Vernon city school district, two million dollars ($2,000,000);
 for  the New Rochelle city school district, one million four hundred ten
 thousand dollars ($1,410,000); for the Schenectady city school district,
 one million eight hundred thousand dollars ($1,800,000);  for  the  Port
 Chester  city  school  district,  one million one hundred fifty thousand
 dollars ($1,150,000); for the White Plains city  school  district,  nine
 hundred  thousand  dollars ($900,000); for the Niagara Falls city school
 district, six hundred thousand dollars ($600,000); for the  Albany  city
 school  district,  three  million  five  hundred  fifty thousand dollars
 ($3,550,000); for the Utica city school district,  two  million  dollars
 ($2,000,000);  for  the Beacon city school district, five hundred sixty-
 six  thousand  dollars  ($566,000);  for  the  Middletown  city   school
 district,  four  hundred  thousand  dollars ($400,000); for the Freeport
 union free school district, four hundred  thousand  dollars  ($400,000);
 for  the  Greenburgh  central  school  district,  three hundred thousand
 dollars ($300,000);  for  the  Amsterdam  city  school  district,  eight
 hundred  thousand  dollars  ($800,000);  for  the  Peekskill city school
 S. 3006--B                         19

 district, two hundred thousand dollars ($200,000); and  for  the  Hudson
 city school district, four hundred thousand dollars ($400,000).
   2.  Notwithstanding any inconsistent provision of law to the contrary,
 a school district setting aside such foundation  aid  pursuant  to  this
 section  may  use  such  set-aside  funds  for: (a) any instructional or
 instructional support costs associated with the operation  of  a  magnet
 school;  or (b) any instructional or instructional support costs associ-
 ated with implementation of an alternative approach to promote diversity
 and/or enhancement of the instructional program and raising of standards
 in elementary and secondary schools of school districts having  substan-
 tial concentrations of minority students.
   3.  The  commissioner of education shall not be authorized to withhold
 foundation aid from a school district that used such funds in accordance
 with this paragraph, notwithstanding any inconsistency  with  a  request
 for  proposals issued by such commissioner for the purpose of attendance
 improvement and dropout prevention for the 2025--2026 school  year,  and
 for  any city school district in a city having a population of more than
 one million,  the  set-aside  for  attendance  improvement  and  dropout
 prevention  shall  equal  the amount set aside in the base year. For the
 2025--2026 school year, it is further  provided  that  any  city  school
 district  in  a  city having a population of more than one million shall
 allocate at least one-third of any increase from  base  year  levels  in
 funds set aside pursuant to the requirements of this section to communi-
 ty-based  organizations.  Any increase required pursuant to this section
 to community-based organizations must  be  in  addition  to  allocations
 provided to community-based organizations in the base year.
   4.  For the purpose of teacher support for the 2025--2026 school year:
 for the city school district of the city of New York, sixty-two  million
 seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
 school  district,  one  million seven hundred forty-one thousand dollars
 ($1,741,000); for the Rochester city school district, one million seven-
 ty-six thousand  dollars  ($1,076,000);  for  the  Yonkers  city  school
 district,   one   million   one  hundred  forty-seven  thousand  dollars
 ($1,147,000); and for the Syracuse city school district,  eight  hundred
 nine  thousand  dollars ($809,000). All funds made available to a school
 district pursuant to this section shall be  distributed  among  teachers
 including  prekindergarten teachers and teachers of adult vocational and
 academic subjects in accordance with this section and shall be in  addi-
 tion  to  salaries heretofore or hereafter negotiated or made available;
 provided, however, that all funds distributed pursuant to  this  section
 for  the  current year shall be deemed to incorporate all funds distrib-
 uted pursuant to former subdivision 27 of section 3602 of the  education
 law  for prior years. In school districts where the teachers are repres-
 ented by certified or  recognized  employee  organizations,  all  salary
 increases  funded  pursuant to this section shall be determined by sepa-
 rate collective negotiations conducted pursuant to  the  provisions  and
 procedures  of  article 14 of the civil service law, notwithstanding the
 existence of a negotiated agreement between  a  school  district  and  a
 certified or recognized employee organization.
   §  26.  Support  of  public libraries. The moneys appropriated for the
 support of public libraries by a chapter of the laws  of  2025  enacting
 the  aid  to  localities  budget shall be apportioned for the 2025--2026
 state fiscal year in accordance with the  provisions  of  sections  271,
 272,  273,  282,  284,  and  285  of the education law as amended by the
 provisions of such chapter and the provisions of this section,  provided
 that library construction aid pursuant to section 273-a of the education
 S. 3006--B                         20
 
 law  shall  not  be  payable  from the appropriations for the support of
 public libraries and provided further that no library, library system or
 program, as defined by the commissioner of education, shall receive less
 total  system  or  program  aid than it received for the year 2025--2026
 except as a result of a reduction adjustment necessary to conform to the
 appropriations for support of public libraries.
   Notwithstanding any other provision of law to the contrary the  moneys
 appropriated for the support of public libraries for the year 2025--2026
 by  a  chapter of the laws of 2025 enacting the aid to localities budget
 shall fulfill the state's obligation to provide such aid  and,  pursuant
 to a plan developed by the commissioner of education and approved by the
 director of the budget, the aid payable to libraries and library systems
 pursuant  to  such  appropriations  shall  be reduced proportionately to
 assure that the total amount of aid payable does not  exceed  the  total
 appropriations for such purpose.
   § 27. Severability. The provisions of this act shall be severable, and
 if  the  application  of  any  clause, sentence, paragraph, subdivision,
 section or part of this act to  any  person  or  circumstance  shall  be
 adjudged  by  any  court  of  competent jurisdiction to be invalid, such
 judgment shall not necessarily affect, impair or invalidate the applica-
 tion of any such clause, sentence, paragraph, subdivision,  section,  or
 part  of this act or remainder thereof, as the case may be, to any other
 person or circumstance, but shall be confined in its  operation  to  the
 clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered.
   §  28.  This act shall take effect immediately, and shall be deemed to
 have been in full force and effect on and after April 1, 2025, provided,
 however, that:
   1. Sections one, two, three, four, five, six, seven, eight, nine, ten,
 twelve, thirteen, fourteen, fifteen, seventeen, twenty-one  and  twenty-
 five of this act shall take effect July 1, 2025; and
   2.  The amendments to chapter 756 of the laws of 1992 made by sections
 eighteen and nineteen of this act shall not affect the  repeal  of  such
 chapter and shall be deemed repealed therewith.
 
                                 PART A-1
 
   Section  1.  Subparagraph  (i)  of  paragraph  b  of subdivision 10 of
 section 3602-e of the education law, as amended by section 23-c of  part
 A of chapter 56 of the laws of 2021, is amended to read as follows:
   (i)  "Selected  aid per prekindergarten pupil" shall equal the greater
 of (A) the product of five-tenths and  the  school  district's  selected
 foundation  aid for the current year, [or] (B) the aid per prekindergar-
 ten pupil calculated pursuant to this subdivision for the  two  thousand
 six-two thousand seven school year, based on data on file for the school
 aid  computer  listing  produced  by  the commissioner in support of the
 enacted budget for the two thousand six--two thousand seven school  year
 and  entitled  "SA060-7"[;  provided,  however, that in the two thousand
 eight--two thousand nine school year, a city school district in  a  city
 having  a  population  of  one  million inhabitants or more shall not be
 eligible to select aid per prekindergarten pupil pursuant to clause  (A)
 of  this  subparagraph],  OR  (C)  SIX  THOUSAND  SEVEN  HUNDRED DOLLARS
 ($6,700);
   § 2. Subdivision 20 of section 3602-e of the education law is  amended
 by adding a new paragraph c to read as follows:
 S. 3006--B                         21
 
   C. TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR.
   (I) THE UNIVERSAL PREKINDERGARTEN EXPANSION FOR THE TWO THOUSAND TWEN-
 TY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR SHALL BE THE THREE YEAR OLD
 INCREASE PLUS THE FOUR YEAR OLD INCREASE, PLUS THE EXPANSION INCREASE.
   (1)  FOR  PURPOSES  OF  THIS  PARAGRAPH, THE "THREE-YEAR-OLD INCREASE"
 SHALL BE EQUAL TO THE POSITIVE DIFFERENCE, IF ANY, OF THE PRODUCT OF THE
 SUM OF ELIGIBLE HALF-DAY THREE-YEAR-OLD PREKINDERGARTEN PUPILS  WEIGHTED
 AT  0.5 AS DEFINED IN CLAUSE TWO OF SUBPARAGRAPH (III) OF PARAGRAPH B OF
 SUBDIVISION TEN OF THIS SECTION, PLUS ELIGIBLE  FULL-DAY  THREE-YEAR-OLD
 PREKINDERGARTEN  PUPILS AS DEFINED IN CLAUSE TWO OF SUBPARAGRAPH (II) OF
 PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION, MULTIPLIED BY SIX  THOU-
 SAND  SEVEN  HUNDRED  DOLLARS  ($6,700),  LESS  THE THREE-YEAR-OLD GRANT
 AMOUNT A DISTRICT IS ELIGIBLE TO RECEIVE UNDER SUBPARAGRAPH (IX) OF  THE
 OPENING PARAGRAPH OF SUBDIVISION TEN OF THIS SECTION FOR THE BASE YEAR.
   (2) FOR PURPOSES OF THIS PARAGRAPH, THE "FOUR-YEAR-OLD INCREASE" SHALL
 BE  EQUAL  TO THE POSITIVE DIFFERENCE, IF ANY, OF THE PRODUCT OF THE SUM
 OF ELIGIBLE HALF-DAY FOUR-YEAR-OLD PREKINDERGARTEN  PUPILS  WEIGHTED  AT
 0.5  AS  DEFINED  IN  CLAUSE ONE OF SUBPARAGRAPH (III) OF PARAGRAPH B OF
 THIS SUBDIVISION, PLUS ELIGIBLE FULL-DAY  FOUR-YEAR-OLD  PREKINDERGARTEN
 PUPILS  AS  DEFINED IN CLAUSE ONE OF SUBPARAGRAPH (II) OF PARAGRAPH B OF
 THIS SUBDIVISION, MULTIPLIED  BY  SIX  THOUSAND  SEVEN  HUNDRED  DOLLARS
 ($6,700),  LESS THE FOUR-YEAR-OLD GRANT AMOUNT A DISTRICT IS ELIGIBLE TO
 RECEIVE UNDER SUBPARAGRAPH (IX) OF THE OPENING PARAGRAPH OF  SUBDIVISION
 TEN OF THIS SECTION FOR THE BASE YEAR.
   (3)  FOR PURPOSES OF THIS PARAGRAPH, THE "EXPANSION INCREASE" SHALL BE
 EQUAL TO TWICE THE PRODUCT OF (A)  EXPANSION  SLOTS  MULTIPLIED  BY  (B)
 SELECTED  AID  PER PREKINDERGARTEN PUPIL CALCULATED PURSUANT TO SUBPARA-
 GRAPH (I) OF PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION FOR THE  TWO
 THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR.
   (II)  FOR  PURPOSES  OF THIS PARAGRAPH, "EXPANSION SLOTS" SHALL BE FOR
 NEW  FULL-DAY  FOUR-YEAR-OLD  PREKINDERGARTEN  PUPILS  FOR  PURPOSES  OF
 SUBPARAGRAPH  (II)  OF  PARAGRAPH  B OF SUBDIVISION TEN OF THIS SECTION.
 EXPANSION SLOTS SHALL BE EQUAL TO THE AMOUNT INCLUDED UNDER THE  HEADING
 "2025-26  UPK  EXPANSION  SLOTS"  IN  THE  SCHOOL  AID  COMPUTER LISTING
 PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE  ENACTED  BUDGET  REQUEST
 FOR  THE  TWO  THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR
 AND ENTITLED "SA252-6" AND CALCULATED AS  THE  POSITIVE  DIFFERENCE,  IF
 ANY,  OF  THE  UNSERVED  FOUR-YEAR-OLD PREKINDERGARTEN PUPILS CALCULATED
 PURSUANT TO SUBPARAGRAPH (IV) OF PARAGRAPH B OF SUBDIVISION TEN OF  THIS
 SECTION  LESS THE NUMBER OF FOUR-YEAR-OLD STUDENTS ELIGIBLE TO BE SERVED
 IN FULL-DAY AND HALF-DAY SETTINGS IN A STATE-FUNDED PROGRAM  WHICH  MUST
 MEET  THE  REQUIREMENTS  OF  THIS  SECTION OR SECTION THIRTY-SIX HUNDRED
 TWO-EE OF THIS PART FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWEN-
 TY-FIVE SCHOOL YEAR, WITH STUDENTS SERVED IN  HALF-DAY  SETTINGS  MULTI-
 PLIED  BY  SIX HUNDRED AND TWENTY-TWO THOUSANDTHS (0.622), PROVIDED THAT
 IN THE EVENT THIS CALCULATION RESULTS IN A VALUE LESS THAN FIFTEEN, SUCH
 EXPANSION SLOTS SHALL BE EQUAL TO ZERO.
   § 3. Section 3602-ee of the education law is amended by adding  a  new
 subdivision 18 to read as follows:
   18.  (A)  FOR  ANY  SCHOOL  DISTRICT  UTILIZING  LESS THAN ONE HUNDRED
 PERCENT OF THEIR ALLOTTED FUNDS FROM  THE  AMOUNT  SET  FORTH  FOR  SUCH
 SCHOOL  DISTRICTS  AS  "UNIVERSAL  PRE-KINDERGARTEN"  IN  THE SCHOOL AID
 COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE  ENACTED
 BUDGET,  SUCH  DISTRICT SHALL PUBLISH ON THE DISTRICT'S WEBSITE A REPORT
 WRITTEN IN PLAIN LANGUAGE WHICH  DESCRIBES:  (I)  THE  TOTAL  AMOUNT  OF
 UNIVERSAL PRE-KINDERGARTEN FUNDS AVAILABLE TO SUCH SCHOOL DISTRICT, (II)
 S. 3006--B                         22
 
 THE  TOTAL AMOUNT OF FUNDS SUCH SCHOOL DISTRICT UTILIZED DURING A SCHOOL
 YEAR; (III) THE REASON OR REASONS FOR THE DIFFERENCE  BETWEEN  AVAILABLE
 FUNDS  AND  UTILIZED  FUNDS;  (IV)  THE  NUMBER OF PUPILS WHOSE FAMILIES
 SOUGHT  PRE-KINDERGARTEN  SERVICES FROM SUCH SCHOOL DISTRICT BUT DID NOT
 RECEIVE THEM DURING THE SCHOOL YEAR; AND (V) A PLAN FOR HOW  THE  SCHOOL
 DISTRICT ANTICIPATES PROVIDING PRE-KINDERGARTEN SERVICES DURING THE NEXT
 FIVE  SCHOOL  YEARS, INCLUDING PROVISIONS FOR ANY POTENTIAL EXPANSION OF
 SERVICES.
   (B) SUCH REPORT SHALL BE PUBLISHED NO LATER THAN  SEPTEMBER  FIRST  OF
 EACH SCHOOL YEAR.
   (C)  SUCH  REPORT SHALL BE UPDATED ANNUALLY BY SEPTEMBER FIRST OF EACH
 SUBSEQUENT SCHOOL YEAR UNTIL THE YEAR FOLLOWING THE YEAR  IN  WHICH  THE
 DISTRICT UTILIZED ONE HUNDRED PERCENT OF ITS ALLOTTED FUNDS.
   (D) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO ANY DISTRICT
 WHICH UTILIZED ONE HUNDRED PERCENT OF ITS ALLOTTED FUNDS FROM THE AMOUNT
 SET  FORTH  FOR SUCH SCHOOL DISTRICTS AS "UNIVERSAL PRE-KINDERGARTEN" IN
 THE PRIOR SCHOOL YEAR.
   § 4. Subparagraph 2 of paragraph a of subdivision 4 of section 3602 of
 the education law, as amended by section 9-b of part CCC of  chapter  59
 of the laws of 2018, is amended to read as follows:
   (2)  (I)  The  regional  cost index shall reflect an analysis of labor
 market costs based on median salaries in professional  occupations  that
 require  similar  credentials  to  those  of  positions in the education
 field, but not including  those  occupations  in  the  education  field,
 provided  that the regional cost indices for the two thousand seven--two
 thousand eight school year [and thereafter] THROUGH TWO  THOUSAND  TWEN-
 TY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR shall be as follows:
           Labor Force Region  Index
           Capital District    1.124
           Southern Tier       1.045
           Western New York    1.091
           Hudson Valley       1.314
           Long Island/NYC     1.425
           Finger Lakes        1.141
           Central New York    1.103
           Mohawk Valley       1.000
           North Country       1.000
   (II)  THE  REGIONAL  COST  INDEX FOR THE TWO THOUSAND TWENTY-FIVE--TWO
 THOUSAND TWENTY-SIX SCHOOL YEAR AND THEREAFTER SHALL BE AS FOLLOWS:
           CAPITAL DISTRICT    1.124
           SOUTHERN TIER       1.045
           WESTERN NEW YORK    1.091
           HUDSON VALLEY       1.425
           LONG ISLAND         1.425
           NYC                 1.464
           FINGER LAKES        1.141
           CENTRAL NEW YORK    1.103
           MOHAWK VALLEY       1.000
           NORTH COUNTRY       1.000
   § 5. Subdivision 3 of section 711 of the education law, as amended  by
 section  7  of  part  B of chapter 57 of the laws of 2007, is amended to
 read as follows:
   3. No school district shall  be  required  to  purchase  or  otherwise
 acquire  school  library  materials,  the  cost of which shall exceed an
 amount equal to the library materials factor multiplied by  the  sum  of
 the  public  school district enrollment and the nonpublic school enroll-
 S. 3006--B                         23

 ment in the base year as defined in subparagraphs two and three of para-
 graph n of subdivision one of section thirty-six  hundred  two  of  this
 chapter.  For aid payable in the nineteen hundred ninety-eight--nineteen
 hundred  ninety-nine  school year, the library materials factor shall be
 four dollars. For aid payable in the two  thousand  seven--two  thousand
 eight school year [and thereafter] THROUGH THE TWO THOUSAND TWENTY-FOUR-
 -TWO  THOUSAND  TWENTY-FIVE  SCHOOL  YEAR,  the library materials factor
 shall be six dollars and twenty-five cents. FOR AID PAYABLE IN  THE  TWO
 THOUSAND  TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR AND THEREAFT-
 ER, THE LIBRARY MATERIALS FACTOR SHALL BE  ELEVEN  DOLLARS  AND  THIRTY-
 THREE CENTS.
   § 6. Subdivision 3 of section 2 and section 12 of part C of chapter 56
 of the laws of 2020 directing the commissioner of education to appoint a
 monitor  for the Rochester city school district, establishing the powers
 and duties of such monitor and certain other officers  and  relating  to
 the  apportionment of aid to such school district, section 12 as amended
 by section 25 of part A of chapter 56 of the laws of 2023,  are  amended
 to read as follows:
   3. The reasonable and necessary expenses incurred by the monitor while
 performing  [his  or  her] THEIR official duties WHICH ARE NOT OTHERWISE
 PROVIDED FOR BY THE STATE shall be paid  by  the  school  district.  THE
 STATE  SHALL  ANNUALLY  APPROPRIATE  ONE  HUNDRED  SEVENTY-FIVE THOUSAND
 DOLLARS ($175,000) TO THE ROCHESTER  CITY  SCHOOL  DISTRICT  TO  SUPPORT
 COSTS ASSOCIATED WITH SUCH EXPENSES. Notwithstanding any other provision
 of  law, the monitor shall be entitled to defense and indemnification by
 the school district to the same extent as a school district employee.
   § 12. This act shall take effect immediately, provided, however,  that
 sections two, three, four, five, six, seven, eight, nine and ten of this
 act  shall  expire  and  be  deemed  repealed  June 30, [2025] 2030; and
 provided further, however that sections one and eleven of this act shall
 expire and be deemed repealed June 30, 2049.
   § 7. Subdivision 3 of section 3 and section 12 of chapter  19  of  the
 laws  of  2020  authorizing   the commissioner of education to appoint a
 monitor to oversee  the  Hempstead  union  free school   district    and
 establishing  the powers and duties of such monitor, are amended to read
 as follows:
   3. The reasonable and necessary expenses incurred by the monitor while
 performing [his or her] THEIR official duties WHICH  ARE  NOT  OTHERWISE
 PROVIDED  FOR  BY  THE  STATE  shall be paid by the school district. THE
 STATE SHALL  ANNUALLY  APPROPRIATE  ONE  HUNDRED  SEVENTY-FIVE  THOUSAND
 DOLLARS  ($175,000)  TO  THE  HEMPSTEAD  UNION  FREE  SCHOOL DISTRICT TO
 SUPPORT COSTS ASSOCIATED WITH SUCH EXPENSES. Notwithstanding  any  other
 provision  of law, the monitor shall be entitled to defense and indemni-
 fication by the school district to the same extent as a school  district
 employee.
   §  12.  This  act  shall  take  effect immediately; provided, however,
 section one of this act shall take effect on the same date as a  chapter
 of  the  laws of 2019, authorizing the commissioner of education and the
 chancellor of the board of regents, with the approval of  the  board  of
 regents,  to appoint monitors to oversee the Hempstead union free school
 district, as proposed in legislative bills numbers  S.6559  and  A.8403,
 takes  effect;  and provided further, however sections two, three, four,
 five, six, seven, eight, nine, ten and eleven of this act  shall  expire
 and be deemed repealed June 30, [2025] 2030.
   §  8.  Subdivision  3 of section 3 and section 13 of chapter 18 of the
 laws of 2020 repealing a chapter of the laws  of  2019  authorizing  the
 S. 3006--B                         24

 commissioner  of  education,  in  consultation  with  the comptroller to
 appoint a monitor to oversee the Wyandanch union  free  school  district
 and  establishing  the powers and duties of such monitor, are amended to
 read as follows:
   3. The reasonable and necessary expenses incurred by the monitor while
 performing  [his  or  her] THEIR official duties WHICH ARE NOT OTHERWISE
 PROVIDED FOR BY THE STATE shall be paid  by  the  school  district.  THE
 STATE  SHALL  ANNUALLY  APPROPRIATE  ONE  HUNDRED  SEVENTY-FIVE THOUSAND
 DOLLARS ($175,000) TO  THE  WYANDANCH  UNION  FREE  SCHOOL  DISTRICT  TO
 SUPPORT  COSTS ASSOCIATED WITH SUCH EXPENSES.  Notwithstanding any other
 provision of law, the monitor shall be entitled to defense and  indemni-
 fication  by the school district to the same extent as a school district
 employee.
   § 13. This act shall take effect immediately, provided however:
   Section one of this act shall take effect on the same date as a  chap-
 ter  of  the laws of 2019, authorizing the commissioner of education, in
 consultation with the comptroller to appoint a monitor  to  oversee  the
 Wyandanch  union  free  school  district and establishing the powers and
 duties of the monitor, as proposed in legislative bills numbers S.6588-A
 and A.8422-A, takes effect.
   Sections three through ten of this act  shall  expire  and  be  deemed
 repealed June 30, [2025] 2030.
   Section eleven shall expire and be deemed repealed June 30 of the last
 fiscal  year  during  which  serial bonds or bonds issued to refund such
 serial bonds that are outstanding pursuant to such section of this  act,
 provided  that  the  superintendent  of  the Wyandanch union free school
 district shall notify the legislative bill drafting commission upon such
 occurrence in order that the commission may  maintain  an  accurate  and
 timely effective data base of the official text of the laws of the state
 of  New York in furtherance of effectuating the provisions of section 44
 of the legislative law and section 70-b of the public officers law.
   Sections two and twelve  of  this  act  shall  expire  and  be  deemed
 repealed June 30, 2049.
   §  9.  Paragraph  (c) of section 3 and section 13 of chapter 89 of the
 laws of 2016 relating to supplementary funding  for  dedicated  programs
 for  public  school students in the East Ramapo central school district,
 paragraph (c) as added and section 13 as amended by chapter 173  of  the
 laws of 2021, are amended to read as follows:
   (c)  The  reasonable and necessary expenses incurred by the monitor or
 monitors while performing [his or her] THEIR official duties  WHICH  ARE
 NOT  OTHERWISE  PROVIDED  FOR  BY  THE STATE shall be paid by the school
 district. THE STATE SHALL ANNUALLY APPROPRIATE TWO  HUNDRED  TWENTY-FIVE
 THOUSAND  DOLLARS  ($225,000) TO THE EAST RAMAPO CENTRAL SCHOOL DISTRICT
 TO SUPPORT COSTS ASSOCIATED  WITH  SUCH  EXPENSES.  Notwithstanding  any
 other  provision  of  law,  the monitor or monitors shall be entitled to
 defense and indemnification by the school district to the same extent as
 a school district employee.
   § 13. This act shall take effect July 1, 2016 and shall expire and  be
 deemed repealed June 30, [2025] 2030.
   §  10.  Establishment  of  monitor  to provide oversight, guidance and
 technical assistance related to the  educational  and  fiscal  policies,
 practices,  programs  and decisions of the school district, the board of
 education and  the  superintendent  in  the  Mount  Vernon  city  school
 district:
   1. Definitions. As used in this section:
   (a) "Commissioner" shall mean the commissioner of education;
 S. 3006--B                         25
 
   (b) "Department" shall mean the state education department;
   (c)  "Board of education" or "board" shall mean the board of education
 of the Mount Vernon city school district;
   (d) "School district" or "district" shall mean the Mount  Vernon  city
 school district;
   (e) "Superintendent" shall mean the superintendent of the Mount Vernon
 city school district; and
   (f)  "Relatives"  shall mean a Mount Vernon city school district board
 member's spouse, domestic partner, child, stepchild, stepparent, or  any
 person who is a direct descendant of the grandparents of a current board
 member or a board member's spouse or domestic partner.
   2.  Appointment of a monitor. The commissioner shall appoint one moni-
 tor to provide oversight, guidance and technical assistance  related  to
 the  educational  and fiscal policies, practices, programs and decisions
 of the school district, the board of education and the superintendent.
   (a) The monitor, to the extent practicable, shall have  experience  in
 school district finances and one or more of the following areas:
   (i) elementary and secondary education;
   (ii) the operation of school districts in New York;
   (iii) educating students with disabilities; and
   (iv) educating English language learners.
   (b)  The  monitor shall be a non-voting ex-officio member of the board
 of education. The monitor shall be an individual who is not a  resident,
 employee  of  the  school  district or relative of a board member of the
 school district at the time of their appointment.
   (c) The reasonable and necessary  expenses  incurred  by  the  monitor
 while  performing their official duties which are not otherwise provided
 for by the state shall be paid by the school district. The state of  New
 York  shall  annually  appropriate one hundred and seventy-five thousand
 dollars ($175,000) to the Mount Vernon city school district  to  support
 costs associated with such expenses. Notwithstanding any other provision
 of  law, the monitor shall be entitled to defense and indemnification by
 the school district to the same extent as a school district employee.
   3. Meetings. (a) The monitor shall be entitled to attend all  meetings
 of the board, including executive sessions; provided however, such moni-
 tor shall not be considered for purposes of establishing a quorum of the
 board.  The  school  district  shall  fully  cooperate  with the monitor
 including, but not limited to, providing such monitor with access to any
 necessary documents and records of  the  district  including  access  to
 electronic   information  systems,  databases  and  planning  documents,
 consistent with all applicable state and federal statutes including, but
 not limited to, Family Education Rights  and  Privacy  Act  (FERPA)  (20
 U.S.C. § 1232g) and section 2-d of the education law.
   (b)  The  board,  in  consultation  with  the  monitor,  shall adopt a
 conflict of interest policy that complies with all  existing  applicable
 laws,  rules and regulations that ensures its board members and adminis-
 tration act in the school  district's  best  interest  and  comply  with
 applicable  legal  requirements.  The  conflict of interest policy shall
 include, but not be limited to:
   (i) a definition of the circumstances that constitute  a  conflict  of
 interest;
   (ii) procedures for disclosing a conflict of interest to the board;
   (iii)  a requirement that the person with the conflict of interest not
 be present at or participate in board  deliberations  or  votes  on  the
 matter  giving  rise  to  such  conflict,  provided that nothing in this
 subdivision shall prohibit the board from  requesting  that  the  person
 S. 3006--B                         26
 
 with  the  conflict  of  interest  present  information as background or
 answer questions at a board meeting prior to the commencement of  delib-
 erations or voting relating thereto;
   (iv) a prohibition against any attempt by the person with the conflict
 to  influence improperly the deliberation or voting on the matter giving
 rise to such conflict; and
   (v) a requirement that the existence and resolution of the conflict be
 documented in the board's records, including in the minutes of any meet-
 ing at which the conflict was discussed or voted upon.
   4. Public hearings. (a) The monitor shall schedule three public  hear-
 ings  to  be  held  within  sixty days of their appointment, which shall
 allow public comment from the district's residents,  students,  parents,
 employees, board members and administration.
   (i)  The first hearing shall take public comment on existing statutory
 and regulatory authority of the commissioner,  the  department  and  the
 board  of  regents regarding school district governance and intervention
 under applicable state law and regulations, including  but  not  limited
 to, sections 306, 211-c, and 211-f of the education law.
   (ii)  The  second  hearing  shall  take public comment on the academic
 performance of the district.
   (iii) The third hearing  shall  take  public  comment  on  the  fiscal
 performance of the district.
   (b) The board of education and the monitor shall consider these public
 comments  when  developing  the  financial plan and academic improvement
 plan under this section.
   5. Financial plan. (a) No later  than  November  first,  two  thousand
 twenty-five,  the  board  of  education  and the monitor shall develop a
 proposed financial plan for the two thousand  twenty-five--two  thousand
 twenty-six  school year and the four subsequent school years. The finan-
 cial plan shall ensure that annual aggregate  operating  expenses  shall
 not  exceed annual aggregate operating revenues for such school year and
 that the major operating funds of the district be balanced in accordance
 with generally accepted accounting principles. The financial plan  shall
 include  statements  of  all  estimated revenues, expenditures, and cash
 flow projections of the district.
   (b) If the board of  education  and  the  monitor  agree  on  all  the
 elements  of  the  proposed financial plan, the board of education shall
 conduct a public hearing on the plan  and  consider  the  input  of  the
 community.  The  proposed  financial  plan  shall  be made public on the
 district's website at least three business days before such public hear-
 ing. Once the proposed financial plan has been approved by the board  of
 education,  such  plan  shall be submitted by the monitor to the commis-
 sioner for approval and shall be deemed approved  for  the  purposes  of
 this section.
   (c)  If the board of education and the monitor do not agree on all the
 elements of the proposed financial plan, the board  of  education  shall
 conduct  a public hearing on the proposed plan that details the elements
 of disagreement between the monitor and the board, including  documented
 justification  for  such disagreements and any requested amendments from
 the monitor. The proposed financial plan, elements of disagreement,  and
 requested  amendments  shall be made public on the district's website at
 least three business days before such public hearing. After  considering
 the  input  of the community, the board may alter the proposed financial
 plan and the monitor may alter their requested amendments, and the moni-
 tor shall submit the proposed financial plan, their  amendments  to  the
 plan,  and  documentation providing justification for such disagreements
 S. 3006--B                         27
 
 and amendments to the commissioner no later  than  December  first,  two
 thousand twenty-five. By January fifteenth, two thousand twenty-six, the
 commissioner  shall  approve the proposed plan with any of the monitor's
 proposed  amendments,  or  make  other  modifications, such commissioner
 deems appropriate. The board of education shall provide the commissioner
 with any information such commissioner requests  to  approve  such  plan
 within  three  business  days  of such request. Upon the approval of the
 commissioner, the financial plan shall be deemed approved  for  purposes
 of this section.
   6.  Academic  improvement  plan. (a) No later than November first, two
 thousand twenty-five, the board  of  education  and  the  monitor  shall
 develop  an  academic  improvement  plan for the district's two thousand
 twenty-five--two thousand twenty-six school year and the four subsequent
 school years. The academic improvement plan shall contain  a  series  of
 programmatic  recommendations  designed  to improve academic performance
 over the period of the plan in those academic areas that the commission-
 er deems to be in need of improvement which shall include addressing the
 provisions contained in any action plan set forth by the department.
   (b) If the board of  education  and  the  monitor  agree  on  all  the
 elements  of the proposed academic improvement plan, the board of educa-
 tion shall conduct a public hearing on the plan and consider  the  input
 of  the  community. The proposed academic improvement plan shall be made
 public on the district's website at least  three  business  days  before
 such  public  hearing.  Once  the proposed academic improvement plan has
 been approved by the board of education, such plan shall be submitted by
 the monitor to  the  commissioner  for  approval  and  shall  be  deemed
 approved for the purposes of this section.
   (c)  If the board of education and the monitor do not agree on all the
 elements of the proposed academic improvement plan, the board of  educa-
 tion  shall  conduct  a public hearing on the proposed plan that details
 the elements of disagreement between the monitor and the board,  includ-
 ing  documented  justification  for such disagreements and any requested
 amendments from the monitor. The  proposed  academic  improvement  plan,
 elements  of disagreement, and requested amendments shall be made public
 on the district's website at  least  three  business  days  before  such
 public  hearing. After considering the input of the community, the board
 may alter the proposed academic improvement plan  and  the  monitor  may
 alter  their  requested  amendments,  and  the  monitor shall submit the
 proposed academic improvement plan, their amendments to  the  plan,  and
 documentation  providing justification for such disagreements and amend-
 ments to the commissioner no later than  December  first,  two  thousand
 twenty-five.  By January fifteenth, two thousand twenty-six, the commis-
 sioner shall approve  the  proposed  plan  with  any  of  the  monitor's
 proposed  amendments,  or  make  other  modifications, such commissioner
 deems appropriate. The board of education shall provide the commissioner
 with any information such commissioner requests  to  approve  such  plan
 within  three  business  days  of such request. Upon the approval of the
 commissioner, the academic improvement plan shall be deemed approved for
 purposes of this section.
   7. Fiscal and operational oversight. (a) The board of education  shall
 annually  submit  the  school  district's  proposed  budget for the next
 succeeding school year to the monitor no later than March first prior to
 the school district's annual budget vote. The monitor shall  review  the
 proposed  budget  to  ensure  that  it is balanced within the context of
 revenue and expenditure estimates and  mandated  programs.  The  monitor
 shall also review the proposed budget to ensure that it, to the greatest
 S. 3006--B                         28
 
 extent  possible,  is  consistent with the district academic improvement
 plan and financial plan developed and approved pursuant to this section.
 The monitor shall present their findings to the board of  education  and
 the  commissioner no later than forty-five days prior to the date sched-
 uled for the school district's  annual  budget  vote.  The  commissioner
 shall  require the board of education to make amendments to the proposed
 budget consistent with any recommendations made by the  monitor  if  the
 commissioner determines such amendments are necessary to comply with the
 financial  plan  and  academic  improvement plan under this section. The
 school district shall make available  on  the  district's  website:  the
 initial  proposed budget, the monitor's findings, and the final proposed
 budget at least seven days prior to the date of  the  school  district's
 budget  hearing.  In  the  event of a revote, the board of education, in
 conjunction with the  monitor,  shall  develop  and  submit  the  school
 district's  proposed  budget  for the next succeeding school year to the
 commissioner no later than seven days prior to the budget  hearing.  The
 board  of  education shall provide the commissioner with any information
 such commissioner requests in order to make a determination pursuant  to
 this subdivision within three business days of such request.
   (b)  The  district  shall provide quarterly reports to the monitor and
 annual reports to the commissioner and board of regents on the academic,
 fiscal, and operational status of the school district. In addition,  the
 monitor  shall provide semi-annual reports to the commissioner, board of
 regents, the governor, the temporary president of the  senate,  and  the
 speaker  of the assembly on the academic, fiscal, and operational status
 of the school district. Such semi-annual report shall  include  all  the
 contracts that the district entered into throughout the year.
   (c)  The monitor shall have the authority to disapprove travel outside
 the state paid for by the district.
   (d) The monitor shall work with the district's shared  decision-making
 committee  as  defined  in  8  NYCRR  100.11  in developing the academic
 improvement plan, financial  plan,  district  goals,  implementation  of
 district priorities and budgetary recommendations.
   (e)  The monitor shall assist in resolving any disputes and conflicts,
 including but not limited to, those between the superintendent  and  the
 board of education and among the members of the board of education.
   (f) The monitor may recommend, and the board shall consider by vote of
 a  resolution  at  the  next scheduled meeting of the board, cost saving
 measures including, but not limited to, shared service agreements.
   8. The commissioner may overrule any decision of the  monitor,  except
 for collective bargaining agreements negotiated in accordance with arti-
 cle  14  of  the civil service law, if such commissioner deems that such
 decision is not aligned with the financial  plan,  academic  improvement
 plan, or the school district's budget.
   9.  The  monitor  may notify the commissioner and the board in writing
 when such monitor deems the district is  violating  an  element  of  the
 financial  plan  or  academic  improvement  plan in this section. Within
 twenty days, the commissioner shall determine whether the district is in
 violation of any of the elements of the plans highlighted by the monitor
 and shall order the district to comply immediately with  the  plans  and
 remedy any such violation. The school district shall suspend all actions
 related  to  the  potential  violation of the financial plan or academic
 improvement plan until the commissioner issues a determination.
   10. Nothing in this section shall be construed to abrogate the  duties
 and  responsibilities  of the school district consistent with applicable
 state law and regulations.
 S. 3006--B                         29
 
   § 11. Subdivision 1 of section 3635-b of the education law, as amended
 by chapter 536 of the laws of 2002, is amended to read as follows:
   1.  This  section shall apply where the board of education or trustees
 of a common, central, central high school, union free  school  district,
 or  city  school  district [of a city with less than one hundred twenty-
 five thousand inhabitants] adopts a resolution to make transportation in
 child safety zones available to resident pupils for a particular  school
 year.  Such  resolution  shall  continue in effect for subsequent school
 years until the board adopts a resolution providing otherwise.
   § 12. Paragraph b of subdivision 5 of section 1950  of  the  education
 law,  as  amended by chapter 130 of the laws of 2022, is amended to read
 as follows:
   b. The cost of services herein referred to shall be the  amount  allo-
 cated  to  each  component  school  district by the board of cooperative
 educational  services  to  defray  expenses  of  such  board,  including
 approved  expenses from the testing of potable water systems of occupied
 school buildings under the board's jurisdiction as required pursuant  to
 section  eleven  hundred ten of the public health law provided that such
 expenses for testing of potable water systems are not reimbursable  from
 another  state  or  federal  source, except that that part of the salary
 paid any teacher, supervisor or other employee of the board  of  cooper-
 ative  educational  services  which  is (I) FOR THE TWO THOUSAND TWENTY-
 FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR  AND  PRIOR  SCHOOL  YEARS  in
 excess of thirty thousand dollars, (II) FOR AID PAYABLE IN THE TWO THOU-
 SAND  TWENTY-SIX--TWO  THOUSAND  TWENTY-SEVEN  SCHOOL  YEAR IN EXCESS OF
 FORTY THOUSAND DOLLARS, (III) FOR AID PAYABLE IN THE TWO THOUSAND  TWEN-
 TY-SEVEN--TWO THOUSAND TWENTY-EIGHT SCHOOL YEAR IN EXCESS OF FIFTY THOU-
 SAND DOLLARS, AND (IV) FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-EIGHT-
 -TWO THOUSAND TWENTY-NINE SCHOOL YEAR AND THEREAFTER, IN EXCESS OF SIXTY
 THOUSAND DOLLARS, shall not be such an approved expense, and except also
 that  administrative  and clerical expenses shall not exceed ten percent
 of the total expenses for  purposes  of  this  computation.  Any  gifts,
 donations  or  interest  earned  by the board of cooperative educational
 services or on behalf of the board of cooperative  educational  services
 by  the dormitory authority or any other source shall not be deducted in
 determining the cost of services  allocated  to  each  component  school
 district.  Any payments made to a component school district by the board
 of cooperative educational services pursuant to  subdivision  eleven  of
 section  six-p  of the general municipal law attributable to an approved
 cost of service computed pursuant to this subdivision shall be  deducted
 from  the  cost of services allocated to such component school district.
 The expense of transportation  provided  by  the  board  of  cooperative
 educational services pursuant to paragraph q of subdivision four of this
 section  shall  be  eligible for aid apportioned pursuant to subdivision
 seven of section thirty-six hundred two of this chapter and no board  of
 cooperative  educational  services  transportation  expense  shall be an
 approved cost of services for the computation of aid under this subdivi-
 sion.  Transportation expense pursuant to  paragraph  q  of  subdivision
 four  of  this  section  shall be included in the computation of the ten
 percent limitation on administrative and clerical expenses.
   § 13. Paragraph b of subdivision 10 of section 3602 of  the  education
 law,  as  amended  by  section 16 of part B of chapter 57 of the laws of
 2007, is amended to read as follows:
   b. Aid for career education. There shall be apportioned to  such  city
 school districts and other school districts which were not components of
 a  board  of  cooperative educational services in the base year, THROUGH
 S. 3006--B                         30
 
 THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX  SCHOOL  YEAR  AND
 PRIOR  SCHOOL YEARS for pupils in grades ten through twelve, AND FOR THE
 TWO THOUSAND TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR AND THER-
 EAFTER,  FOR  PUPILS  IN  GRADES  NINE  THROUGH TWELVE, in attendance in
 career education programs as such programs are defined  by  the  commis-
 sioner,  subject  for  the purposes of this paragraph to the approval of
 the director of the budget, an amount for each such pupil to be computed
 by multiplying the career education aid  ratio,  FOR  THE  TWO  THOUSAND
 TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR AND PRIOR SCHOOL YEARS,
 by  three  thousand nine hundred dollars, AND FOR THE TWO THOUSAND TWEN-
 TY-SIX--TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR AND  THEREAFTER,  BY  FOUR
 THOUSAND  THREE  HUNDRED  DOLLARS. Such aid will be payable for weighted
 pupils attending  career  education  programs  operated  by  the  school
 district and for weighted pupils for whom such school district contracts
 with  boards of cooperative educational services to attend career educa-
 tion programs operated by a board of cooperative  educational  services.
 Weighted pupils for the purposes of this paragraph shall mean the sum of
 the  attendance  of  students, THROUGH THE TWO THOUSAND TWENTY-FIVE--TWO
 THOUSAND TWENTY-SIX SCHOOL YEAR AND PRIOR SCHOOL YEARS,  in  grades  ten
 through  twelve, AND FOR THE TWO THOUSAND TWENTY-SIX--TWO THOUSAND TWEN-
 TY-SEVEN SCHOOL YEAR AND THEREAFTER, IN GRADES NINE THROUGH  TWELVE,  in
 career education sequences in trade, industrial, technical, agricultural
 or  health programs plus the product of sixteen hundredths multiplied by
 the attendance of students, FOR THE TWO THOUSAND TWENTY-FIVE--TWO  THOU-
 SAND  TWENTY-SIX  SCHOOL  YEAR  AND  PRIOR  SCHOOL  YEARS, in grades ten
 through twelve, AND FOR THE TWO THOUSAND TWENTY-SIX--TWO THOUSAND  TWEN-
 TY-SEVEN  SCHOOL  YEAR AND THEREAFTER, IN GRADES NINE THROUGH TWELVE, in
 career education sequences in business and marketing as defined  by  the
 commissioner  in  regulations.  The  career education aid ratio shall be
 computed by subtracting from one the  product  obtained  by  multiplying
 fifty-nine percent by the combined wealth ratio. This aid ratio shall be
 expressed as a decimal carried to three places without rounding, but not
 less than thirty-six percent.
   Any school district that receives aid pursuant to this paragraph shall
 be  required  to use such amount to support career education programs in
 the current year.
   A board of education which spends less than its local funds as defined
 by regulations of the commissioner for career education in the base year
 during the current year shall have its apportionment under this subdivi-
 sion reduced in an amount equal to such deficiency in the current  or  a
 succeeding school year, provided however that the commissioner may waive
 such reduction upon determination that overall expenditures per pupil in
 support  of career education programs were continued at a level equal to
 or greater than the level of such overall expenditures per pupil in  the
 preceding school year.
   § 14. Subparagraph 1 of paragraph b of subdivision 6-f of section 3602
 of  the education law, as added by section 19 of part H of chapter 83 of
 the laws of 2002, is amended to read as follows:
   (1) has a total project cost of [one hundred] TWO HUNDRED FIFTY  thou-
 sand  dollars  or less; provided however, that for any district, no more
 than one project shall be eligible pursuant to this subparagraph for  an
 apportionment within the same school year; and/or
   § 15. Subdivision 4 of section 4405 of the education law is amended by
 adding a new paragraph l to read as follows:
   L. TUITION RATES APPROVED ON AN INTERIM BASIS IN ADVANCE OF THE ESTAB-
 LISHMENT  OF  REIMBURSEMENT RATES PURSUANT  TO  THE  TUITION METHODOLOGY
 S. 3006--B                         31
 
 ESTABLISHED  PURSUANT  TO  THIS SUBDIVISION FOR THE TWO  THOUSAND  TWEN-
 TY-FIVE--TWO  THOUSAND  TWENTY-SIX  SCHOOL YEAR AND ANNUALLY THEREAFTER,
 FOR SPECIAL  SERVICES  AND  PROGRAMS  PROVIDED  TO  SCHOOL AGE  STUDENTS
 BY  APPROVED  PRIVATE  RESIDENTIAL  OR NON-RESIDENTIAL SCHOOLS FOR   THE
 EDUCATION OF STUDENTS WITH DISABILITIES  THAT  ARE  LOCATED  WITHIN  THE
 STATE,  BY SPECIAL   ACT   SCHOOL DISTRICTS, BY JULY AND AUGUST PROGRAMS
 FOR STUDENTS WITH DISABILITIES APPROVED PURSUANT TO  SECTION  FORTY-FOUR
 HUNDRED    EIGHT OF   THIS   ARTICLE,   AND   FOR  SPECIAL  SERVICES  OR
 PROGRAMS PROVIDED TO PRESCHOOL STUDENTS WITH  DISABILITIES  BY  PROGRAMS
 APPROVED    PURSUANT   TO SECTION FORTY-FOUR HUNDRED TEN OF THIS ARTICLE
 INCLUDING, BUT NOT LIMITED  TO,  SPECIAL  CLASS  AND  SPECIAL  CLASS  IN
 AN  INTEGRATED SETTING PROGRAMS, SHALL BE EQUAL TO  THE  LAST  CERTIFIED
 PROSPECTIVE  OR  RECONCILIATION RATE AND SHALL INCLUDE COMPOUNDED GROWTH
 DETERMINED IN ACCORDANCE WITH THE FOLLOWING:
   (I) IF THE LAST  CERTIFIED  PROSPECTIVE  OR  RECONCILIATION  RATE  WAS
 APPROVED FOR THE SCHOOL YEAR PRIOR TO THE CURRENT SCHOOL YEAR, SUCH RATE
 SHALL  INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR THE CURRENT
 YEAR.
   (II) IF THE LAST CERTIFIED  PROSPECTIVE  OR  RECONCILIATION  RATE  WAS
 APPROVED FOR THE SCHOOL YEAR TWO YEARS PRIOR TO THE CURRENT SCHOOL YEAR,
 SUCH  RATE  SHALL  INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR
 THE YEAR PRIOR TO THE CURRENT SCHOOL YEAR, AND THE PRODUCT OF SUCH SHALL
 THEN INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR  THE  CURRENT
 SCHOOL YEAR.
   (III)  IF  THE  LAST  CERTIFIED PROSPECTIVE OR RECONCILIATION RATE WAS
 APPROVED FOR THE SCHOOL YEAR THREE OR MORE YEARS PRIOR  TO  THE  CURRENT
 SCHOOL  YEAR,  SUCH  RATE SHALL INCREASE BY THE ANNUAL GROWTH PERCENTAGE
 APPROVED FOR THE YEAR TWO YEARS PRIOR TO THE CURRENT YEAR,  THE  PRODUCT
 OF SUCH SHALL THEN INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR
 THE  YEAR  PRIOR TO THE CURRENT YEAR, AND THE PRODUCT OF SUCH SHALL THEN
 INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR THE CURRENT YEAR.
   § 16. Section 4204-b of the education law is amended by adding  a  new
 subdivision 5 to read as follows:
   5.  FOR  THE  TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL
 YEAR AND THEREAFTER, AN INSTITUTION SUBJECT TO  THIS  ARTICLE  SHALL  BE
 AUTHORIZED TO RETAIN FUNDS IN EXCESS OF THEIR ALLOWABLE AND REIMBURSABLE
 COSTS  INCURRED  FOR  SERVICES  AND  PROGRAMS TO STUDENTS APPOINTED. THE
 AMOUNT OF FUNDS THAT MAY BE  ANNUALLY  RETAINED  SHALL  NOT  EXCEED  ONE
 PERCENT  OF THE INSTITUTION'S TOTAL ALLOWABLE AND REIMBURSABLE COSTS FOR
 SERVICES AND PROGRAMS PROVIDED TO STUDENTS  FOR  THE  SCHOOL  YEAR  FROM
 WHICH  THE FUNDS ARE TO BE RETAINED, PROVIDED THAT THE TOTAL ACCUMULATED
 BALANCE THAT MAY BE RETAINED SHALL NOT EXCEED FOUR PERCENT OF SUCH TOTAL
 COSTS FOR SUCH SCHOOL YEAR AND PROVIDED, FURTHER, THAT SUCH FUNDS  SHALL
 NOT  BE  RECOVERABLE  ON  RECONCILIATION,  SUCH  FUNDS  SHALL BE CARRIED
 FORWARD AS TOTAL REIMBURSABLE COSTS FOR PURPOSES OF  CALCULATING  SUBSE-
 QUENT  YEAR  PROSPECTIVE AND RECONCILIATION TUITION RATES AND SUCH FUNDS
 SHALL BE SEPARATE FROM AND IN ADDITION TO  ANY  OTHER  AUTHORIZATION  TO
 RETAIN  SURPLUS  FUNDS  ON  RECONCILIATION. FUNDS SHALL BE EXPENDED ONLY
 PURSUANT TO AN AUTHORIZATION OF THE GOVERNING BOARD OF  THE  INSTITUTION
 FOR  A  PURPOSE  EXPRESSLY AUTHORIZED AS PART OF ALLOWABLE COSTS FOR THE
 YEAR IN WHICH THE FUNDS ARE TO BE EXPENDED, PROVIDED THAT FUNDS  MAY  BE
 EXPENDED  TO  PAY  PRIOR  YEAR  OUTSTANDING  DEBTS. ANY INSTITUTION THAT
 RETAINS FUNDS PURSUANT TO THIS SUBDIVISION SHALL BE REQUIRED TO ANNUALLY
 REPORT A STATEMENT OF THE TOTAL BALANCE  OF  SUCH  RETAINED  FUNDS,  THE
 AMOUNT,  IF  ANY, RETAINED IN THE PRIOR SCHOOL YEAR, THE AMOUNT, IF ANY,
 S. 3006--B                         32

 DISBURSED IN THE PRIOR SCHOOL YEAR, AND THE FINANCIAL REPORTS  THAT  ARE
 REQUIRED TO BE ANNUALLY SUBMITTED TO THE DEPARTMENT.
   §  17.  Section  4003  of the education law is amended by adding a new
 subdivision 8 to read as follows:
   8. TUITION RATES APPROVED ON AN INTERIM BASIS IN ADVANCE OF THE ESTAB-
 LISHMENT OF REIMBURSEMENT RATES  PURSUANT  TO  THE  TUITION  METHODOLOGY
 ESTABLISHED  PURSUANT TO THIS SECTION FOR THE TWO THOUSAND TWENTY-FIVE--
 TWO THOUSAND TWENTY-SIX SCHOOL YEAR AND ANNUALLY THEREAFTER, FOR SPECIAL
 SERVICES AND PROGRAMS PROVIDED TO SCHOOL AGE STUDENTS BY A  SPECIAL  ACT
 SCHOOL  DISTRICT  OR AN APPROVED PRIVATE SCHOOL OPERATED BY A CHILD CARE
 INSTITUTION SHALL BE EQUAL TO THE LAST CERTIFIED PROSPECTIVE  OR  RECON-
 CILIATION RATE AND SHALL INCLUDE COMPOUNDED GROWTH DETERMINED IN ACCORD-
 ANCE WITH THE FOLLOWING:
   (A)  IF  THE  LAST  CERTIFIED  PROSPECTIVE  OR RECONCILIATION RATE WAS
 APPROVED FOR THE SCHOOL YEAR PRIOR TO THE CURRENT SCHOOL YEAR, SUCH RATE
 SHALL INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR THE  CURRENT
 YEAR.
   (B)  IF  THE  LAST  CERTIFIED  PROSPECTIVE  OR RECONCILIATION RATE WAS
 APPROVED FOR THE SCHOOL YEAR TWO YEARS PRIOR TO THE CURRENT SCHOOL YEAR,
 SUCH RATE SHALL INCREASE BY THE ANNUAL GROWTH  PERCENTAGE  APPROVED  FOR
 THE YEAR PRIOR TO THE CURRENT SCHOOL YEAR, AND THE PRODUCT OF SUCH SHALL
 THEN  INCREASE  BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR THE CURRENT
 SCHOOL YEAR.
   (C) IF THE LAST  CERTIFIED  PROSPECTIVE  OR  RECONCILIATION  RATE  WAS
 APPROVED  FOR  THE  SCHOOL YEAR THREE OR MORE YEARS PRIOR TO THE CURRENT
 SCHOOL YEAR, SUCH RATE SHALL INCREASE BY THE  ANNUAL  GROWTH  PERCENTAGE
 APPROVED  FOR  THE YEAR TWO YEARS PRIOR TO THE CURRENT YEAR, THE PRODUCT
 OF SUCH SHALL THEN INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR
 THE YEAR PRIOR TO THE CURRENT YEAR, AND THE PRODUCT OF SUCH  SHALL  THEN
 INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR THE CURRENT YEAR.
   §  18.  The opening paragraph of subdivision 41 of section 3602 of the
 education law, as amended by section 20 of part B of chapter 57  of  the
 laws  of  2008,  is  amended and a new paragraph (e) is added to read as
 follows:
   In addition to any other apportionment under this section, for the two
 thousand seven--two thousand eight school year and thereafter, a  school
 district  [other  than  a  city school district in a city having a popu-
 lation of one million or more] shall be eligible for an apportionment in
 an amount equal to the GREATER OF THE sum of  PARAGRAPHS  (A),  (B)  AND
 (C), OR PARAGRAPH (E)
   (E)  THE  PRODUCT  OF ELIGIBLE PUPILS MULTIPLIED BY EIGHT-TENTHS (0.8)
 AND FURTHER MULTIPLIED BY CHARTER SCHOOL BASIC TUITION FOR THE BASE YEAR
 AS DEFINED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED  FIFTY-SIX  OF  THIS
 CHAPTER.  FOR  PURPOSES OF THIS PARAGRAPH, ELIGIBLE PUPIL SHALL BE EQUAL
 TO THE POSITIVE DIFFERENCE, IF ANY, OF THE  NUMBER  OF  RESIDENT  PUPILS
 ENROLLED  IN  A CHARTER SCHOOL IN THE BASE YEAR LESS THE PRODUCT OF TWO-
 TENTHS (0.2) MULTIPLIED BY TOTAL RESIDENT PUBLIC SCHOOL DISTRICT ENROLL-
 MENT IN THE BASE YEAR.
   § 19. Accelerated  payment  schedule  for  New  Rochelle  city  school
 district.    The  New  Rochelle city school district shall be paid on an
 accelerated schedule as follows:
   a. (1) Notwithstanding any other provisions of law, for aid payable in
 the school years 2025-2026 through 2054-2055  upon  application  to  the
 commissioner of education submitted not sooner than the second Monday in
 June  of the school year in which such aid is payable and not later than
 the Friday following the third Monday in June  of  the  school  year  in
 S. 3006--B                         33

 which  such aid is payable, or ten days after the effective date of this
 section, whichever shall be later, the New Rochelle city school district
 shall be eligible to receive an apportionment pursuant to  this  section
 in  an  amount equal to the product of ten million dollars ($10,000,000)
 the quotient of the positive difference of thirty minus  the  number  of
 school years elapsed since the 2025-2026 school year divided by thirty.
   (2)  Funds  apportioned pursuant to this subdivision shall be used for
 services and expenses of the New Rochelle city school district and shall
 be applied to support of its  educational  programs  and  any  liability
 incurred  by such city school district in carrying out its functions and
 responsibilities under the education law.
   b. The claim for an apportionment to be paid to the New Rochelle  city
 school  district  pursuant  to  subdivision  a  of this section shall be
 submitted to the commissioner of education on a form prescribed for such
 purpose and shall be payable upon  determination  by  such  commissioner
 that  the  form  has  been  submitted  as prescribed and that the school
 district has complied with the reporting requirements of  this  section.
 For  each  school year in which application is made pursuant to subdivi-
 sion a of this section, such approved amount  shall  be  payable  on  or
 before  June thirtieth of such school year upon the audit and warrant of
 the state comptroller on vouchers certified or approved by  the  commis-
 sioner  of  education in the manner prescribed by law from moneys in the
 state lottery fund appropriated for general support  of  public  schools
 and  from the general fund to the extent that the amount paid to the New
 Rochelle city school district pursuant to this subdivision and  subdivi-
 sion  a of this section exceeds the amount of the moneys apportioned, if
 any, for general support for public schools  due  such  school  district
 pursuant  to  section 3609-a of the education law on or before September
 first of such school year.
   c. Notwithstanding the provisions of section 3609-a of  the  education
 law,  an amount equal to the amount paid to the New Rochelle city school
 district during the base year pursuant to subdivisions a and b  of  this
 section  shall  first  be  deducted from payments due during the current
 school year pursuant to subparagraphs (1), (2),  (3),  (4)  and  (5)  of
 paragraph  a  of subdivision 1 of section 3609-a of the education law in
 the following order:  the  lottery  apportionment  payable  pursuant  to
 subparagraph  (2)  of such paragraph followed by the fixed fall payments
 payable pursuant to subparagraph (4) of such paragraph, and any  remain-
 der  to be deducted from the individualized payments due to the district
 pursuant to paragraph b of such subdivision shall be deducted on a chro-
 nological basis starting with the earliest payment due the district.
   d. Notwithstanding any other provisions of law, the  sum  of  payments
 made  to  the  New  Rochelle  city  school district during the base year
 pursuant to subdivisions a and b of this section plus payments  made  to
 such  school district during the current year pursuant to section 3609-a
 of the education law shall be deemed to truly represent all aids paid to
 such school district during the current school  year  pursuant  to  such
 section  3609-a  for  the  purposes of computing any adjustments to such
 aids that may occur in a subsequent school year.
   e. (1) On or before the first day of each month beginning in July 2026
 and ending in June 2056, the chief fiscal officer and the superintendent
 of schools of the New Rochelle city school district  shall  prepare  and
 submit to the board of education a report of the fiscal condition of the
 school district, including but not limited to the most current available
 data on fund balances on funds maintained by the school district and the
 S. 3006--B                         34
 
 district's use of the apportionments provided pursuant to subdivisions a
 and b of this section.
   (2) Such monthly report shall be in a format prescribed by the commis-
 sioner  of  education.  The  board  of education shall either reject and
 return the report to the chief fiscal officer and the superintendent  of
 schools  for  appropriate revisions and resubmittal or shall approve the
 report and submit copies to the commissioner of education and the  state
 comptroller of such approved report as submitted or resubmitted.
   (3)  In the 2025-2026 through 2054-2055 school years, the chief fiscal
 officer of the New Rochelle city school district shall monitor all budg-
 ets and for each budget, shall prepare a quarterly report of  summarized
 budget  data  depicting  overall  trends  of  actual revenues and budget
 expenditures for the entire budget as well  as  individual  line  items.
 Such  report  shall  compare revenue estimates and appropriations as set
 forth in such budget with the actual revenues and expenditures  made  to
 date.  All  quarterly  reports  shall be accompanied by a recommendation
 from the superintendent of schools or chief fiscal officer to the  board
 of education setting forth any remedial actions necessary to resolve any
 unfavorable  budget variance including the overestimation of revenue and
 underestimation of appropriations. The chief fiscal officer  shall  also
 prepare,  as  part  of such report, a quarterly trial balance of general
 ledger accounts in accordance with generally accepted accounting princi-
 ples as prescribed by  the  state  comptroller.  All  reports  shall  be
 completed  within  sixty days after the end of each quarter and shall be
 submitted to the chief fiscal officer and the board of education of  the
 New  Rochelle  city  school  district, the state division of budget, the
 office of the state comptroller,  the  commissioner  of  education,  the
 chair  of  the  assembly  ways  and means committee and the chair of the
 senate finance committee.
   § 20. Mental health expenditures survey. 1. The commissioner of educa-
 tion shall conduct a survey regarding the total mental  health  expendi-
 tures of each school district, including:
   (a)  the number of full and part-time school counselors, school social
 workers and school psychologists in each school district and  the  total
 cost  to  each  school district to employ such school counselors, school
 social workers, and school psychologists;
   (b) each school district's total costs related  to  providing  school-
 based mental health clinics;
   (c)  each  school district's total costs related to providing instruc-
 tion to students on mental health, including, but not limited to, mental
 health instruction pursuant to section eight hundred four of the  educa-
 tion law; and
   (d)  any  other  school  district  expenditures  the  commissioner, in
 consultation with the New York state office of mental  health,  deem  to
 have  been  made  for the purpose of providing mental health services to
 students.
   2. The commissioner shall make a report of the findings of the  survey
 prescribed  by  this act and deliver such report to the governor, tempo-
 rary president of the senate, and speaker of the assembly on  or  before
 December 31, 2025.
   3.  The commissioner shall indicate in the report required by subdivi-
 sion two of this section if a  school  district  has  no  mental  health
 expenditures  pursuant to paragraphs (a), (b), (c) or (d) of subdivision
 1 of this section.
 S. 3006--B                         35
 
   § 21. Subdivision 4 of section 3638 of the education law, as added  by
 section  1  of subpart A of part B of chapter 56 of the laws of 2022, is
 amended to read as follows:
   4.  (A)  A  school  district  may  apply  to the commissioner, and the
 department may grant [a one-time] AN  extension  of  up  to  twenty-four
 months  to  comply  with  the  requirements  of  subdivision two of this
 section. The commissioner shall consider a school district's  effort  to
 meet  the  requirements of subdivision two of this section when granting
 an extension, including but not limited to, procurement efforts made  by
 the  school  district,  applications for state or federal funds, changes
 needed to school district operations to meet the  requirements  of  this
 section, employee training, and receipt of technical assistance, if any.
 [Upon a school district receiving an extension, the New York state ener-
 gy  research and development authority, in consultation with the depart-
 ment, shall provide any additional technical assistance necessary to the
 district to meet the requirements of subdivision two  of  this  section]
 THE COMMISSIONER SHALL PROVIDE WRITTEN NOTIFICATION TO A SCHOOL DISTRICT
 WHERE  SUCH SCHOOL DISTRICT IS GRANTED AN EXTENSION AND SHALL DETAIL THE
 GROUNDS FOR GRANTING SUCH EXTENSION.
   (B) THE COMMISSIONER SHALL NOTIFY THE NEW YORK STATE  ENERGY  RESEARCH
 AND  DEVELOPMENT  AUTHORITY  WHERE  AN  EXTENSION IS GRANTED PURSUANT TO
 PARAGRAPH (A) OF THIS SUBDIVISION. THE NEW YORK  STATE  ENERGY  RESEARCH
 AND  DEVELOPMENT  AUTHORITY SHALL MEET WITH THE SCHOOL DISTRICT AT LEAST
 QUARTERLY  TO  PROVIDE  ADDITIONAL  TECHNICAL  ASSISTANCE  NECESSARY  TO
 ADDRESS THE GROUNDS DETAILED IN THE EXTENSION.
   (C)  THE  COMMISSIONER  MAY  GRANT  ADDITIONAL  EXTENSIONS TO A SCHOOL
 DISTRICT THAT MADE A GOOD FAITH EFFORT TO FULFILL  THE  REQUIREMENTS  OF
 SUBDIVISION  TWO  OF  THIS  SECTION AND TO ATTEND ALL QUARTERLY MEETINGS
 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION. ANY SUCH EXTENSION  SHALL
 REQUIRE  DOCUMENTATION  OF ALL TECHNICAL ASSISTANCE PROVIDED PURSUANT TO
 PARAGRAPH (B) OF THIS SUBDIVISION AND THE EFFORTS  AND  ACTIONS  OF  THE
 DISTRICT TO FULFILL ANY RECOMMENDATIONS IT HAS RECEIVED. THE COMMISSION-
 ER SHALL DETAIL THE GROUNDS FOR WHICH ADDITIONAL EXTENSIONS ARE GRANTED.
   (D) THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL
 DETERMINE  WHEN  A  SCHOOL  DISTRICT  HAS  THE  CAPACITY  TO FULFILL THE
 REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION, AND UPON SUCH  DETERMI-
 NATION SHALL FILE WITH THE DISTRICT CLERK A CERTIFICATION OF SUCH DETER-
 MINATION.
   (E)  THE  COMMISSIONER  SHALL  PUBLISH  ON THE DEPARTMENT'S WEBSITE NO
 LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE THE  APPLICA-
 TION SCHOOL DISTRICTS MUST USE TO APPLY FOR EXTENSIONS PURSUANT TO PARA-
 GRAPHS  (A)  AND  (C)  OF  THIS  SUBDIVISION AND THE REQUIREMENTS SCHOOL
 DISTRICTS MUST MEET TO QUALIFY FOR SUCH EXTENSIONS.
   § 22. Section 3638 of the education law is amended  by  adding  a  new
 subdivision 8 to read as follows:
   8. (A) ANY ENTITY SEEKING TO SELL ZERO-EMISSION SCHOOL BUSES TO SCHOOL
 DISTRICTS OR CONTRACTORS FOR USE IN PROVIDING TRANSPORTATION SERVICES TO
 SCHOOL DISTRICTS SHALL BE REQUIRED TO PROVIDE AN INDEPENDENT RANGE ESTI-
 MATE  TO  PROSPECTIVE  PURCHASERS  BEFORE SELLING SUCH BUSES. SUCH RANGE
 ESTIMATE MUST, AT A MINIMUM, PROVIDE THE ESTIMATED  RANGE  ON  DIFFERENT
 TERRAIN  AND DIFFERENT WEATHER CONDITIONS. THE RANGE ESTIMATE SHALL ALSO
 INCLUDE THE AVERAGE LEVEL OF BATTERY DEGRADATION PER TEN THOUSAND  MILES
 TRAVELED.  THE  RANGE  ESTIMATE  SHALL  ALSO CONSIDER WHETHER THE BUS IS
 STORED OUTSIDE OR UTILIZES AN INDOOR GARAGE.
   (B) THE OFFICE OF GENERAL SERVICES, IN CONSULTATION WITH THE NEW  YORK
 STATE  ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, SHALL PROMULGATE REGU-
 S. 3006--B                         36

 LATIONS TO IMPLEMENT PARAGRAPH (A) OF THIS SUBDIVISION AND SHALL PROVIDE
 ZERO-EMISSION SCHOOL BUS MANUFACTURERS WITH A LIST OF PARTIES  THAT  MAY
 PROVIDE  INDEPENDENT RANGE VERIFICATION IN ACCORDANCE WITH THIS SUBDIVI-
 SION.
   (C)  NOTHING  IN  THIS  SUBDIVISION  SHALL  BE INTERPRETED TO HAVE ANY
 EFFECT ON COMPLETED SALES OR SALES THAT ARE  ALREADY  IN  PROCESS  WHILE
 REGULATIONS  ARE BEING PROMULGATED OR PRIOR TO THEIR EFFECTIVE DATE. FOR
 ANY SALES WHICH, PURSUANT TO THIS PARAGRAPH, A  RANGE  ESTIMATE  IS  NOT
 REQUIRED  TO  BE PROVIDED PRIOR TO SUCH SALE, IF THE ENTITY SELLING SUCH
 ZERO-EMISSION BUS OR BUSES LATER RECEIVES A RANGE ESTIMATE FOR THE MODEL
 OR MODELS SOLD, THE ENTITY WILL PROVIDE SUCH RANGE ESTIMATE OR ESTIMATES
 TO THE DISTRICT OR CONTRACTOR.
   § 23. Subparagraph 1 of paragraph b of subdivision 7 of  section  3602
 of  the  education law, as amended by section 17 of part B of chapter 57
 of the laws of 2007, is amended to read as follows:
   (1) For the purposes of this  apportionment,  approved  transportation
 operating  expense  shall be the actual expenditure incurred by a school
 district and approved by the commissioner (i) for those items of  trans-
 portation  operating  expense allowable under subdivision one of section
 thirty-six hundred twenty-three-a of this article  for  regular  aidable
 transportation  of  pupils as such terms are defined in sections thirty-
 six hundred twenty-one and thirty-six hundred twenty-two-a of this arti-
 cle, and (ii) for those items of transportation operating expense allow-
 able under subdivision one of section thirty-six hundred  twenty-three-a
 of  this  article for the transportation required or authorized pursuant
 to article eighty-nine of this chapter, and (iii) for providing monitors
 on school buses for students with disabilities, and (iv) for transporta-
 tion operating expenses allowable under section thirty-six hundred twen-
 ty-three-a of this article for the transportation of  homeless  children
 authorized  by  paragraph  c  of  subdivision four of section thirty-two
 hundred nine of this chapter, provided that the total approved  cost  of
 such transportation shall not exceed the amount of the total cost of the
 most  cost-effective  mode  of  transportation,  AND (V) FOR OPERATIONAL
 COSTS OF  ELECTRIFICATION  PLANS  ALLOWABLE  UNDER  SUBDIVISION  ONE  OF
 SECTION  THIRTY-SIX  HUNDRED TWENTY-THREE-A OF THIS ARTICLE DEVELOPED IN
 SUPPORT OF THE REQUIREMENTS  CONTAINED  IN  SECTION  THIRTY-SIX  HUNDRED
 THIRTY-EIGHT OF THIS ARTICLE.
   §  24. Paragraph f of subdivision 1 of section 3623-a of the education
 law is relettered paragraph g and a new paragraph f is added to read  as
 follows:
   F.  THE  SCHOOL  DISTRICT'S OPERATIONAL COSTS OF ELECTRIFICATION PLANS
 DEVELOPED IN SUPPORT OF THE REQUIREMENTS CONTAINED IN SECTION THIRTY-SIX
 HUNDRED THIRTY-EIGHT OF THIS ARTICLE. FOR THE  PURPOSES  OF  THIS  PARA-
 GRAPH, OPERATIONAL COSTS SHALL INCLUDE, BUT NOT BE LIMITED TO, CONSULTA-
 TION  WITH  UTILITY  SERVICE PROVIDERS, BUS CONTRACTORS, AND ENGINEERING
 SERVICES.  SUCH ELECTRIFICATION PLANS SHALL NOT INCLUDE THE PURCHASE  OF
 ANY  BUS,  THE  PURCHASE  OR INSTALLATION OF CHARGING INFRASTRUCTURE, OR
 GRID INFRASTRUCTURE UPGRADES.
   § 25. Subparagraph 2 of paragraph d of subdivision 3 of section 3623-a
 of the education law, as added by section 13 of part A of chapter 56  of
 the laws of 2024, is amended to read as follows:
   (2)  (I) In the case of allowable expenses for transportation capital,
 debt service, or leases which are related to costs associated  with  the
 purchase  of  or conversion to zero-emission school buses and supporting
 infrastructure and which are supported in whole or in part by  vouchers,
 payments,  or  grants  authorized  under section 58-0701 of the environ-
 S. 3006--B                         37
 
 mental conservation law, such allowable expenses at the  time  in  which
 the  expense  is  claimed  for  aid shall [not exceed] BE REDUCED BY THE
 QUOTIENT OF (A) THE POSITIVE DIFFERENCE, IF ANY, OF  THE  MAXIMUM  STATE
 SUPPORT  LESS  ALLOWABLE EXPENSES, DIVIDED BY (B) THE TRANSPORTATION AID
 RATIO CALCULATED PURSUANT TO SUBDIVISION  SEVEN  OF  SECTION  THIRTY-SIX
 HUNDRED TWO OF THIS ARTICLE, PROVIDED THAT ALLOWABLE EXPENSES AFTER SUCH
 REDUCTION, IF ANY, SHALL BE GREATER THAN ZERO.
   (II)  FOR  PURPOSES OF THIS SUBPARAGRAPH "MAXIMUM STATE SUPPORT" SHALL
 BE EQUAL TO the sum of [(i)] (A) the product of the  transportation  aid
 ratio  calculated  pursuant  to  subdivision seven of section thirty-six
 hundred two of this  article  multiplied  by  allowable  expenses,  plus
 [(ii)]  (B)  the  final  value  of any such vouchers paid on behalf of a
 school district, payments, and grants authorized under  section  58-0701
 of the environmental conservation law.
   §  26.  Subparagraph 6 of paragraph d and paragraph d-1 of subdivision
 14 of section 3602 of the education law, subparagraph 6 of  paragraph  d
 as  added  by  section 17-a of part A of chapter 57 of the laws of 2007,
 paragraph d-1 as amended by section 10-a of part A of chapter 56 of  the
 laws of 2024, are amended to read as follows:
   (6)  where  such reorganization includes at least two school districts
 employing eight or more teachers forming a central high school  district
 pursuant to section nineteen hundred thirteen of this chapter[, such].
   (7)  SUCH  reorganized  district shall be entitled to an apportionment
 equal to an additional percent of the apportionment computed in  accord-
 ance  with  the provisions of paragraph d-1 of this subdivision; [but in
 no case shall the sum of such apportionment under  this  paragraph  plus
 the selected operating aid per pupil be more than a total of ninety-five
 per  centum  of  the  year  prior  to  the  base year approved operating
 expense]; for a period of five years beginning  with  the  first  school
 year  of  operation  as  a  reorganized district such additional percent
 shall be forty percent; and thereafter  such  additional  forty  percent
 apportionment  to  such  district  shall  be  reduced by four percentage
 points each year, beginning with the sixth school year of operation as a
 reorganized district, and continuing until such additional forty percent
 apportionment is eliminated; provided, however, that  the  total  appor-
 tionment  to  such reorganized district, beginning with the first school
 year of operation as a reorganized district, and for a period of fifteen
 years thereafter, shall be not less than the sum of  all  apportionments
 computed  in  accordance  with the provisions of this paragraph plus the
 apportionment computed in accordance with the  provisions  of  paragraph
 d-1 of this subdivision that each component school district was entitled
 to  receive  and  did receive during the last school year preceding such
 first year of operation. In the event a school district is eligible  for
 incentive  operating aid and again reorganizes pursuant to a new plan or
 reorganization established by the commissioner, and where such new reor-
 ganization is again eligible for  incentive  operating  aid,  the  newly
 created school district shall be entitled to receive incentive operating
 aid  pursuant  to  the provisions of this paragraph, based on all school
 districts included in any such reorganization, provided,  however,  that
 incentive operating aid payments due because of any such former reorgan-
 ization shall cease.
   d-1. For purposes of paragraph d of this subdivision, "[selected oper-
 ating aid per pupil] TOTAL OPERATING AID BASE" shall mean the apportion-
 ment  computed  for  the 2006-07 school year, based on data on file with
 the commissioner as of the date upon which an electronic data  file  was
 created  for  the purposes of compliance with paragraph b of subdivision
 S. 3006--B                         38
 
 twenty-one of section three hundred five of  this  chapter  on  February
 fifteenth,  provided  further that for school districts which reorganize
 on or after July first, two thousand twenty-four, for purposes of  para-
 graph  d  of this subdivision, "[selected operating aid per pupil] TOTAL
 OPERATING AID BASE" shall mean the total foundation aid base, as defined
 pursuant to paragraph j of subdivision one of this  section,  calculated
 as of the effective date of the reorganization.
   §  27.  Subdivision a of section 5 of chapter 121 of the laws of 1996,
 relating to authorizing the Roosevelt  union  free  school  district  to
 finance  deficits by the issuance of serial bonds, as amended by section
 36-a of part A of chapter 56 of the laws of 2024, is amended to read  as
 follows:
   a.  Notwithstanding  any  other provisions of law, upon application to
 the commissioner of education submitted not sooner than April first  and
 not  later than June thirtieth of the applicable school year, the Roose-
 velt union free school district shall be eligible to receive  an  appor-
 tionment pursuant to this chapter for salary expenses, including related
 benefits, incurred between April first and June thirtieth of such school
 year.   Such apportionment shall not exceed: for the 1996-97 school year
 [through the 2024-25 school year] AND THEREAFTER, four  million  dollars
 ($4,000,000)[;  for  the  2025-26  school  year,  three  million dollars
 ($3,000,000);  for  the  2026-27  school  year,  two   million   dollars
 ($2,000,000);   for   the  2027-28  school  year,  one  million  dollars
 ($1,000,000); and for the 2028-29 school  year,  zero  dollars].    Such
 annual  application  shall  be  made  after  the  board of education has
 adopted a resolution to do so with the approval of the  commissioner  of
 education.
   §  28.  Section  11  of  chapter  378 of the laws of 2010 amending the
 education law relating to paperwork reduction, as amended by  section  1
 of  item  FF of subpart B of part XXX of chapter 58 of the laws of 2020,
 is amended to read as follows:
   § 11. This act shall take effect immediately; provided, however,  that
 the  commissioner of education shall promulgate any rules or regulations
 necessary to implement the provisions of this act on or before  July  1,
 2010;  provided,  further  that  if  section  ten of this act shall take
 effect after July 1, 2010 it shall be deemed to have been in full  force
 and  effect on and after July 1, 2010; and provided further that section
 ten of this act shall expire and be deemed repealed on June  30,  [2025]
 2030.
   §  29.  Subdivision 6-a of section 3641 of the education law, as added
 by section 16 of part A of chapter 57 of the laws of 2013, is amended to
 read as follows:
   6-a. Community school [grants] ACT. a.  [Within the  amount  appropri-
 ated  for such purpose, subject to a plan developed by the state council
 on children and families  in  coordination  with  the  commissioner  and
 approved  by  the  director  of the budget, the commissioner shall award
 competitive grants pursuant  to  this  subdivision  to  eligible  school
 districts  or  in  a  city  with  a population of one million or more an
 eligible entity to implement, beginning in the two  thousand  thirteen--
 two  thousand fourteen school year, a plan that targets school buildings
 as community hubs  to  deliver  co-located  or  school-linked  academic,
 health,   mental  health,  nutrition,  counseling,  legal  and/or  other
 services to students and their families in a manner that  will  lead  to
 improved  educational and other outcomes. In a city with a population of
 one million or more,  eligible  entities  shall  mean  the  city  school
 district of the city of New York, or not-for-profit organizations, which
 S. 3006--B                         39

 shall  include not-for-profit community based organizations. An eligible
 entity that is a not-for-profit may apply for a community  school  grant
 provided  that it collaborates with the city school district of the city
 of  New  York  and  receives  the approval of the chancellor of the city
 school district of the city of New York.
   (1) Such plan shall include, but not be limited to:
   (i) The process by which a request for proposals will be developed;
   (ii) The scoring rubric by which such  proposals  will  be  evaluated,
 provided  that  such grants shall be awarded based on factors including,
 but not limited to: measures of school district need;  measures  of  the
 need  of  students  to  be  served  by each of the school districts; the
 school district's proposal  to  target  the  highest  need  schools  and
 students;  the sustainability of the proposed community schools program;
 and proposal quality;
   (iii) The form and manner by which applications will be submitted;
   (iv) The manner by which calculation of the amount of the  award  will
 be determined;
   (v) The timeline for the issuance and review of applications; and
   (vi)  Program  implementation  phases that will trigger payment of set
 percentages of the total award.
   (2) In assessing proposal quality, the commissioner  shall  take  into
 account factors including, but not limited to:
   (i)  The  extent to which the school district's proposal would provide
 such community services through partnerships with local governments  and
 non-profit organizations;
   (ii)  The  extent  to which the proposal would provide for delivery of
 such services directly in school buildings;
   (iii) The extent to which the proposal articulates how  such  services
 would facilitate measurable improvement in student and family outcomes;
   (iv)  The  extent to which the proposal articulates and identifies how
 existing funding streams and programs would  be  used  to  provide  such
 community services; and
   (v)  the  extent  to  which  the  proposal  ensures  the safety of all
 students, staff and community members in school buildings used as commu-
 nity hubs.
   b. A response to a request  for  proposals  issued  pursuant  to  this
 subdivision may be submitted by a single school district or jointly by a
 consortium  of  two  or more school districts, or in a city with a popu-
 lation of one million or more, an eligible entity.
   c. The amount of the grant award shall be determined  by  the  commis-
 sioner,  consistent  with  the plan developed pursuant to paragraph a of
 this subdivision, except that no single district  may  be  awarded  more
 than  forty percent of the total amount of grant awards made pursuant to
 this subdivision; and provided further that the  maximum  award  to  any
 individual community school site shall be five hundred thousand dollars;
 and  provided  further  that  the amount awarded will be paid out in set
 percentages over time upon successful implementation of each phase of  a
 school district's approved proposal set forth pursuant to paragraph a of
 this  subdivision;  and provided further that none of the grants awarded
 pursuant to this subdivision may be used to supplant existing  funding.]
 A COMMUNITY SCHOOL IS BOTH A PLACE AND A SET OF PARTNERSHIPS BETWEEN THE
 TRADITIONAL  PUBLIC  SCHOOL  AND  OTHER  COMMUNITY RESOURCES AND TAKES A
 COMPREHENSIVE APPROACH TO IMPROVE ACADEMIC AND  DEVELOPMENTAL  OUTCOMES.
 ITS  INTEGRATED  FOCUS  ON  ACADEMICS,  HEALTH,  MENTAL WELLNESS, SOCIAL
 SERVICES, YOUTH AND  COMMUNITY  DEVELOPMENT  AND  FAMILY  AND  COMMUNITY
 ENGAGEMENT  LEADS  TO  IMPROVED  STUDENT LEARNING, STRONGER FAMILIES AND
 S. 3006--B                         40
 
 HEALTHIER COMMUNITIES. COMMUNITY SCHOOLS HAVE THE FRAMEWORK IN PLACE  TO
 ELIMINATE THE BARRIERS FOR ALL STUDENTS TO HAVE ACCESS TO A HIGH-QUALITY
 LEARNING EXPERIENCE.
   (1)  SUCH  SCHOOLS SHALL INCLUDE A COMMUNITY SCHOOL DIRECTOR TO IMPLE-
 MENT THE COMMUNITY SCHOOL FRAMEWORK BY:
   (I) REVIEWING STUDENT DATA AND CONDUCTING  AN  ANNUAL  COMMUNITY  WIDE
 ASSESSMENT OF NEEDS AND ASSETS;
   (II)  COORDINATING  AND  LEVERAGING INTEGRATED HEALTH, MENTAL WELLNESS
 AND SOCIAL SUPPORTS;
   (III) IDENTIFYING AND SECURING FAMILY SUPPORTS THAT INCLUDE EMPOWERING
 PARENTS TO PARTICIPATE IN DECISION MAKING AND TO MAINTAIN ACTIVE  FAMILY
 AND COMMUNITY ENGAGEMENT THAT VALUES THEIR DIVERSE EXPERIENCES AND BACK-
 GROUNDS  PARTNERS  WITH  PARENTS  OR CAREGIVERS TO DEVELOP AND PROMOTE A
 VISION FOR STUDENT SUCCESS INCLUDING BUT NOT LIMITED TO COURSES,  ACTIV-
 ITIES AND SERVICES FOR PARENTS OR CAREGIVERS AND COMMUNITY MEMBERS;
   (IV)  IMPLEMENTING EXPANDING AND ENRICHING LEARNING TIME, PROGRAMS AND
 OPPORTUNITIES, INCLUDING BUT NOT LIMITED TO BEFORE,  DURING  AND  AFTER-
 SCHOOL, WEEKEND, SUMMER AND YEAR-ROUND PROGRAMS, THAT PROVIDE ADDITIONAL
 ACADEMIC  SUPPORT,  ENRICHMENT ACTIVITIES AND OTHER PROGRAMS THAT MAY BE
 OFFERED IN PARTNERSHIP WITH  COMMUNITY-BASED  ORGANIZATIONS  TO  ENHANCE
 ACADEMIC  LEARNING,  SOCIAL  SKILLS,  EMOTIONAL  AND LIFE SKILLS AND ARE
 ALIGNED WITH THE SCHOOL'S CURRICULUM;
   (V) MANAGING A COMMUNITY SCHOOL-BASED COMMITTEE THAT INCLUDES  BUT  IS
 NOT  LIMITED  TO  THE  SCHOOL  PRINCIPAL,  CERTIFIED CLASSROOM TEACHERS,
 SCHOOL-RELATED PROFESSIONALS, OTHER SCHOOL EMPLOYEES, FAMILIES, COMMUNI-
 TY ORGANIZATIONS, NONPROFIT  ORGANIZATIONS,  AND  COLLECTIVE  BARGAINING
 ORGANIZATIONS  THAT  GUIDE  COLLABORATIVE  PLANNING,  IMPLEMENTATION AND
 OVERSIGHT AND WHERE LEADERSHIP INITIATIVES ARE SHARED; AND
   (VI) IMPLEMENTING HIGH-QUALITY TEACHING  AND  LEARNING  THAT  PROVIDES
 ONGOING  PROFESSIONAL DEVELOPMENT TO TEACHERS AND SCHOOL-RELATED PROFES-
 SIONALS.
   (2) A SET OF STRATEGIES SHALL BE IMPLEMENTED  IN  A  COMMUNITY  SCHOOL
 THAT  INCLUDE PROGRAMS AND SERVICES THAT FOCUS ON BUILDING AND MAINTAIN-
 ING RELATIONSHIPS TO IMPROVE ACADEMIC  AND  DEVELOPMENTAL  OUTCOMES  FOR
 STUDENTS. SUCH FRAMEWORKS SHALL INCLUDE:
   (I)  A  UNION-LED  FRAMEWORK  WHICH  IS  A COMMUNITY SCHOOL INITIATIVE
 BRINGING TOGETHER THE UNIONS, SCHOOL DISTRICT, CITY AND  COMMUNITY  THAT
 COORDINATE  AND  MAXIMIZE  PUBLIC,  NONPROFIT, AND PRIVATE RESOURCES AND
 GOVERNMENT  AGENCIES  TO  DELIVER  CRITICAL  PROGRAMS  AND  SERVICES  TO
 STUDENTS  AND  THEIR FAMILIES USING THE SCHOOL BUILDING AS THE COMMUNITY
 HUB WITH THE GOAL OF CREATING IMPROVED STUDENT LEARNING, STRONGER  FAMI-
 LIES, AND HEALTHIER COMMUNITIES; OR
   (II) A UNIVERSITY-ASSISTED FRAMEWORK WHERE COMMUNITY SCHOOLS ARE PLAC-
 ES  AND  PARTNERSHIPS LINKING THE SCHOOL SYSTEM, KEY COMMUNITY RESOURCES
 AND HIGHER EDUCATION WITH AN  INTEGRATED  FOCUS  ON  ACADEMICS,  SUPPORT
 SYSTEMS AND CIVIC ENGAGEMENT; OR
   (III)  A  DISTRICT-LED FRAMEWORK WHERE THE DISTRICT SERVES AS THE LEAD
 PARTNER IN THE COMMUNITY SCHOOL AND BRINGS  PARTNERS  TO  THE  TABLE  TO
 FIGURE  OUT  HOW  TO  IMPROVE  STUDENT LEARNING AND HELP FOSTER STRONGER
 FAMILIES AND HEALTHY COMMUNITIES; OR
   (IV) A COUNTY-WIDE FRAMEWORK THAT IS A COLLABORATIVE EFFORT OF FAMILY,
 SCHOOL, COMMUNITY, AND GOVERNMENT AS THE  PRIMARY  DELIVERY  DEVICE  FOR
 SERVICES  AND ACTIVITIES THAT CENTER AROUND EARLY CHILDHOOD DEVELOPMENT,
 FAMILY AND COMMUNITY ENGAGEMENT AND FAMILY SUPPORT AND STUDENT  DEVELOP-
 MENT PROGRAMS; OR
 S. 3006--B                         41
 
   (V)  A LEAD PARTNER FRAMEWORK THAT USES A COMMUNITY-BASED ORGANIZATION
 (CBO) AS A PARTNER THAT WORKS COLLABORATIVELY WITH THE PRINCIPAL AND THE
 SCHOOL LEADERSHIP TEAM TO CARRY OUT THE WORK AT THE SCHOOL THAT  FOCUSES
 ON  THE  WHOLE CHILD, WHILE ALSO ENGAGING FAMILY MEMBERS, TO ENSURE THAT
 STUDENTS SUCCEED IN THE CLASSROOM; OR
   (VI)  A  MULTI-TIERED  SYSTEM  OF  SUPPORT (MTSS) FRAMEWORK TO SUPPORT
 STUDENTS' ACADEMIC DEVELOPMENT, SOCIAL AND EMOTIONAL WELLNESS,  AND  THE
 DEVELOPMENT OF CULTURALLY RESPONSIVE, TRAUMA-INFORMED SCHOOLS.
   B.  EACH  QUALIFYING  SCHOOL  DISTRICT SHALL RECEIVE FUNDING FROM THIS
 PROGRAM EQUAL TO THE RESULT OF THE QUOTIENT OF EACH  DISTRICT'S  FOUNDA-
 TION  AID  COMMUNITY  SCHOOL  SETASIDE  AMOUNT  ESTABLISHED  PURSUANT TO
 SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE DIVIDED BY THE  STATEWIDE
 VALUE OF THE FOUNDATION AID COMMUNITY SCHOOL SETASIDE AMOUNT ESTABLISHED
 PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE MULTIPLIED BY
 THE  AMOUNT  OF  THE  APPROPRIATION FOR THE COMMUNITY SCHOOL CATEGORICAL
 GRANT ESTABLISHED HEREIN. DISTRICTS WHICH DO  NOT  HAVE  A  SETASIDE  OF
 FOUNDATION  AID  FOR  COMMUNITY  SCHOOLS  PURSUANT TO SECTION THIRTY-SIX
 HUNDRED TWO OF THIS ARTICLE SHALL NOT BE ELIGIBLE FOR FUNDS PURSUANT  TO
 THIS SUBDIVISION.
   C.  THE  COMMISSIONER  SHALL PROMULGATE REGULATIONS THAT SET FORTH THE
 REQUIREMENTS FOR USE OF SUCH FUNDS BY DISTRICTS, WHICH SHALL  INCLUDE  A
 REQUIREMENT  THAT DISTRICTS REQUIRE THAT FUNDS BE USED TO TRANSFORM PRE-
 EXISTING COMMUNITY SCHOOL PROGRAMS, STRUGGLING OR PERSISTENTLY  STRUGGL-
 ING  SCHOOLS,  OR  SCHOOLS WITH SIGNIFICANT LEVELS OF POVERTY, HOMELESS-
 NESS, FREE AND REDUCED PRICE MEALS, OR OTHER FACTORS  AS  DETERMINED  BY
 THE  COMMISSIONER.  PROVIDED FURTHER THAT SUCH REGULATIONS SHALL REQUIRE
 SCHOOL DISTRICTS TO DEMONSTRATE SUBSTANTIAL TEACHER, PARENT AND COMMUNI-
 TY INVOLVEMENT IN THE  PLANNING,  IMPLEMENTATION,  AND  OPERATION  OF  A
 COMMUNITY  SCHOOL.  THE  COMMISSIONER  MAY DETERMINE THAT A PRE-EXISTING
 COMMUNITY SCHOOLS PROGRAM SATISFIES THE REQUIREMENTS OF THE  COMMISSION-
 ER'S  REGULATIONS PROVIDED THAT THE COMMISSIONER MAY REQUIRE ANY MODIFI-
 CATION THERETO.
   § 30. Severability. The provisions of this act shall be severable, and
 if the application of any  clause,  sentence,   paragraph,  subdivision,
 section  or  part  of  this  act  to any person or circumstance shall be
 adjudged  by  any court of competent jurisdiction to  be  invalid,  such
 judgment shall not necessarily affect, impair or invalidate the applica-
 tion  of  any  such clause, sentence, paragraph, subdivision, section or
 part of this act or remainder thereof, as the case may be, to any  other
 person  or  circumstance, but shall be confined in its operation to  the
 clause,  sentence, paragraph,   subdivision,   section   or part thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered.
   § 31. This act shall take effect immediately, provided, however that:
   (a) subdivisions one, two, three, four, five, six, seven, eight,  nine
 and  ten  of section ten of this act shall expire and be deemed repealed
 June 30, 2030;
   (b) sections twenty-six, twenty-seven and  twenty-eight  of  this  act
 shall take effect July 1, 2025; and
   (c)  section  twenty  of  this act shall expire and be deemed repealed
 January 30, 2026.
 
                                  PART B
 
   Section 1. The education law is amended by adding a new section  915-a
 to read as follows:
 S. 3006--B                         42
 
   §  915-A.  UNIVERSAL SCHOOL MEALS. 1. THE DEPARTMENT SHALL REQUIRE ALL
 PUBLIC SCHOOL DISTRICTS, CHARTER SCHOOLS AND NON-PUBLIC SCHOOLS  IN  THE
 STATE  THAT  PARTICIPATE  IN THE NATIONAL SCHOOL LUNCH PROGRAM OR SCHOOL
 BREAKFAST PROGRAM AS PROVIDED IN THE RICHARD B. RUSSELL NATIONAL  SCHOOL
 LUNCH  ACT  AND  THE CHILD NUTRITION ACT, AS AMENDED, TO SERVE BREAKFAST
 AND LUNCH AT NO COST TO THE STUDENT. PUBLIC  SCHOOL  DISTRICTS,  CHARTER
 SCHOOLS  AND NON-PUBLIC SCHOOLS SHALL MAXIMIZE FEDERAL REIMBURSEMENT FOR
 SCHOOL BREAKFAST AND LUNCH PROGRAMS BY ADOPTING PROVISION 2, THE FEDERAL
 COMMUNITY ELIGIBILITY PROVISION, OR ANY OTHER PROVISION UNDER SUCH  ACT,
 THE NATIONAL SCHOOL LUNCH ACT OR THE NATIONAL CHILD NUTRITION ACT.
   2.  THE  DEPARTMENT  SHALL REIMBURSE THE DIFFERENCE BETWEEN THE AMOUNT
 PAID BY THE UNITED STATES DEPARTMENT OF AGRICULTURE AND THE FREE RATE AS
 SET ANNUALLY BY THE UNITED STATES  SECRETARY  OF  AGRICULTURE  UNDER  42
 U.S.C. 1759A FOR EACH SCHOOL.
   3.  THE  DEPARTMENT,  IN CONSULTATION WITH THE OFFICE OF TEMPORARY AND
 DISABILITY ASSISTANCE, SHALL PROMULGATE ANY RULE  OR  REGULATION  NEEDED
 FOR  PUBLIC  SCHOOL DISTRICTS, CHARTER SCHOOLS AND NON-PUBLIC SCHOOLS TO
 PROMOTE THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM TO  A  STUDENT  OR
 PERSON IN PARENTAL RELATION TO A STUDENT BY EITHER PROVIDING APPLICATION
 ASSISTANCE OR A DIRECT REFERRAL TO AN OUTREACH PARTNER IDENTIFIED BY THE
 DEPARTMENT  TO  THE  OFFICE  OF  TEMPORARY  AND DISABILITY ASSISTANCE TO
 INCREASE THE NUMBER OF STUDENTS DIRECTLY CERTIFIED FOR FREE  OR  REDUCED
 PRICE SCHOOL MEALS.
   4.  IN  ADDITION  TO FULFILLING ANY OTHER APPLICABLE STATE AND FEDERAL
 REQUIREMENTS, THE  DEPARTMENT  SHALL  PROVIDE  TECHNICAL  ASSISTANCE  TO
 ASSIST  PUBLIC SCHOOL DISTRICTS, CHARTER SCHOOLS, AND NON-PUBLIC SCHOOLS
 IN THE TRANSITION TO UNIVERSAL SCHOOL MEALS TO ENSURE SUCCESSFUL PROGRAM
 OPERATIONS AND TO MAXIMIZE FEDERAL FUNDING, INCLUDING:
   (A) ASSISTING LOCAL EDUCATIONAL AGENCIES WITH ONE OR  MORE  COMMUNITY-
 ELIGIBILITY QUALIFYING SCHOOLS IN MEETING ANY STATE AND FEDERAL REQUIRE-
 MENTS  NECESSARY IN ORDER TO RECEIVE REIMBURSEMENT THROUGH THE COMMUNITY
 ELIGIBILITY PROVISION.
   (B) IF A SCHOOL OR DISTRICT IS  INELIGIBLE  TO  RECEIVE  REIMBURSEMENT
 THROUGH  THE  COMMUNITY  ELIGIBILITY  PROVISION, ASSISTING THE SCHOOL OR
 DISTRICT IN ACHIEVING ELIGIBILITY AND, IF THAT IS NOT  FEASIBLE,  ASSIST
 THE SCHOOL OR DISTRICT IN DETERMINING THE VIABILITY OF USING PROVISION 2
 OR OTHER SPECIAL FEDERAL PROVISIONS AVAILABLE TO SCHOOLS.
   (C) MAXIMIZING DIRECT CERTIFICATION FOR SPECIFIC POPULATIONS AS ALLOW-
 ABLE UNDER FEDERAL RULES.
   § 1-a. Subdivisions b and c of section 5 of chapter 537 of the laws of
 1976,  relating  to  paid, free and reduced price breakfast for eligible
 pupils in certain school districts, subdivision b as amended by  section
 32-a  of  part  A  of  chapter  56 of the laws of 2024, subdivision c as
 amended by section 22-b of part A of chapter 56 of the laws of 2022, are
 amended to read as follows:
   b. Notwithstanding any monetary limitations  with  respect  to  school
 lunch  programs  contained  in  any  law or regulation, for school lunch
 meals served in the school year commencing July 1, 2022 and each July  1
 thereafter, a school food authority shall be eligible for a State subsi-
 dy equal to $0.1901 per free and paid school lunch meal, and $0.0519 per
 reduced-price  lunch  meal,  for  any  school  lunch meal served by such
 school food authority; provided that the school food authority certifies
 to the Department of Agriculture and  Markets  through  the  application
 submitted  pursuant  to  subdivision  c  of  this section that such food
 authority has purchased at least thirty percent of  its  total  cost  of
 food  products  for its school lunch service program from New York state
 S. 3006--B                         43
 
 farmers, growers, producers or processors in the preceding school  year.
 COMMENCING  JULY  1,  2025,  AND  EACH  JULY 1 THEREAFTER, A SCHOOL FOOD
 AUTHORITY SHALL BE ALLOWED TO ATTRIBUTE MONEYS  SPENT  ON  PURCHASES  OF
 FOOD PRODUCTS FROM NEW YORK STATE FARMERS, GROWERS, PRODUCERS OR PROCES-
 SORS  MADE  FOR  ITS  SCHOOL  BREAKFAST  OR SNACK PROGRAMS TO THE THIRTY
 PERCENT OF COSTS FOR SCHOOL BREAKFAST AND LUNCH SERVICE PROGRAMS.
   c. The Department of Agriculture and Markets in cooperation  with  the
 State Education Department, shall develop an application for school food
 authorities to seek an additional State subsidy pursuant to this section
 in  a  timeline and format prescribed by the commissioner of agriculture
 and markets. Such application shall include,  but  not  be  limited  to,
 documentation  demonstrating  the  school  food  authority's  total food
 purchases for its school BREAKFAST, SNACK, AND  lunch  service  program,
 and documentation demonstrating its total food purchases and percentages
 for  such  program, PERMITTED TO BE COUNTED UNDER THIS SECTION, from New
 York State farmers, growers, producers or processors  in  the  preceding
 school  year. The application shall also include an attestation from the
 school food authority's chief operating officer  that  it  purchased  at
 least thirty percent of its total cost of food products, PERMITTED TO BE
 COUNTED  UNDER  THIS SECTION, for its school BREAKFAST, SNACK, AND lunch
 service program from New  York  State  farmers,  growers,  producers  or
 processors  in  the  preceding school year in order to meet the require-
 ments for this additional State subsidy. School food  authorities  shall
 be  required  to annually apply for this subsidy. After reviewing school
 food authorities' completed applications for an additional State subsidy
 pursuant to this section, the  Department  of  Agriculture  and  Markets
 shall certify to the State Education Department the school food authori-
 ties  approved for such additional State subsidy and the State Education
 Department shall pay such additional State subsidy to such  school  food
 authorities.
   § 2. Section 925 of the education law is REPEALED.
   § 3. This act shall take effect July 1, 2025.
 
                                  PART C
 
   Section  1.  The education law is amended by adding a new section 2803
 to read as follows:
   § 2803. USE OF INTERNET-ENABLED DEVICES DURING THE SCHOOL DAY. 1.  FOR
 PURPOSES OF THIS SECTION:
   (A)  "INTERNET-ENABLED DEVICES" SHALL MEAN AND INCLUDE ANY SMARTPHONE,
 TABLET, SMARTWATCH, OR OTHER DEVICE CAPABLE OF CONNECTING TO THE  INTER-
 NET  AND  ENABLING THE USER TO ACCESS CONTENT ON THE INTERNET, INCLUDING
 SOCIAL MEDIA APPLICATIONS;  PROVIDED,  HOWEVER,  THAT  "INTERNET-ENABLED
 DEVICES" SHALL NOT INCLUDE:
   (I)  NON-INTERNET-ENABLED  DEVICES  SUCH  AS  CELLULAR PHONES OR OTHER
 COMMUNICATION DEVICES NOT CAPABLE  OF  CONNECTING  TO  THE  INTERNET  OR
 ENABLING THE USER TO ACCESS CONTENT ON THE INTERNET; OR
   (II) INTERNET-ENABLED DEVICES SUPPLIED BY THE SCHOOL DISTRICT, CHARTER
 SCHOOL,  OR  BOARD OF COOPERATIVE EDUCATIONAL SERVICES THAT ARE USED FOR
 AN EDUCATIONAL PURPOSE.
   (B) "SCHOOL DAY" SHALL MEAN THE ENTIRETY OF EVERY INSTRUCTIONAL DAY AS
 REQUIRED BY SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS
 CHAPTER  DURING  ALL  INSTRUCTIONAL  TIME  AND  NON-INSTRUCTIONAL  TIME,
 INCLUDING  BUT  NOT  LIMITED  TO  HOMEROOM PERIODS, LUNCH, RECESS, STUDY
 HALLS, AND PASSING TIME.
 S. 3006--B                         44
 
   (C) "SCHOOL GROUNDS" SHALL MEAN IN  OR  ON  OR  WITHIN  ANY  BUILDING,
 STRUCTURE,  ATHLETIC PLAYING FIELD, PLAYGROUND, OR LAND CONTAINED WITHIN
 THE REAL PROPERTY BOUNDARY LINE OF A DISTRICT ELEMENTARY,  INTERMEDIATE,
 JUNIOR HIGH, VOCATIONAL, OR HIGH SCHOOL, A CHARTER SCHOOL, OR A BOARD OF
 COOPERATIVE EDUCATIONAL SERVICES FACILITY.
   2.  NOTWITHSTANDING  PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION TWEN-
 TY-EIGHT HUNDRED FIFTY-FOUR OF THIS TITLE, EACH SCHOOL DISTRICT, CHARTER
 SCHOOL, AND BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES  SHALL  ADOPT  A
 WRITTEN POLICY GOVERNING THE USE OF INTERNET-ENABLED DEVICES BY STUDENTS
 DURING THE SCHOOL DAY ANYWHERE ON SCHOOL GROUNDS.  EACH SCHOOL DISTRICT,
 CHARTER  SCHOOL,  AND  BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES SHALL
 CONSULT WITH THE EMPLOYEE ORGANIZATION REPRESENTING EACH BARGAINING UNIT
 WITHIN THE SCHOOL BUILDING, PARENTS, AND OTHER LOCAL STAKEHOLDERS IN THE
 DEVELOPMENT OF SUCH POLICY PRIOR TO ITS ADOPTION.
   3. THE POLICY ADOPTED AND IMPLEMENTED PURSUANT TO SUBDIVISION  TWO  OF
 THIS SECTION SHALL PROHIBIT THE USE OF INTERNET-ENABLED DEVICES AT LEAST
 DURING INSTRUCTIONAL TIME.
   4.  THE  POLICY ADOPTED AND IMPLEMENTED PURSUANT TO SUBDIVISION TWO OF
 THIS SECTION SHALL INCLUDE ONE OR MORE METHODS FOR PARENTS AND GUARDIANS
 OF STUDENTS TO CONTACT STUDENTS DURING THE SCHOOL DAY  AND  PROVIDE  FOR
 WRITTEN  NOTIFICATION  OF  PARENTS AND GUARDIANS OF THESE METHODS AT THE
 BEGINNING OF EACH SCHOOL YEAR.
   5. THE POLICY ADOPTED AND IMPLEMENTED PURSUANT TO SUBDIVISION  TWO  OF
 THIS SECTION SHALL INCLUDE ONE OR MORE METHODS FOR ON-SITE STORAGE WHERE
 STUDENTS MAY STORE THEIR INTERNET-ENABLED DEVICES DURING THE SCHOOL DAY,
 WHICH MAY INCLUDE STUDENT LOCKERS.
   6.  (A) THE POLICY ADOPTED AND IMPLEMENTED PURSUANT TO SUBDIVISION TWO
 OF THIS SECTION MAY AUTHORIZE STUDENT USE OF AN INTERNET-ENABLED  DEVICE
 DURING THE SCHOOL DAY ON SCHOOL GROUNDS:
   (I)  IF  AUTHORIZED  BY  A TEACHER, PRINCIPAL, OR THE SCHOOL DISTRICT,
 CHARTER SCHOOL, OR BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  FOR  A
 SPECIFIC EDUCATIONAL PURPOSE;
   (II) WHERE NECESSARY FOR THE MANAGEMENT OF A STUDENT'S HEALTHCARE;
   (III) IN THE EVENT OF AN EMERGENCY;
   (IV) FOR TRANSLATION SERVICES; OR
   (V) WHERE REQUIRED BY LAW.
   (B) THE POLICY MAY NOT PROHIBIT A STUDENT'S USE OF AN INTERNET-ENABLED
 DEVICE WHERE SUCH USE IS INCLUDED IN THE STUDENT'S:
   (I) INDIVIDUALIZED EDUCATION PROGRAM; OR
   (II)  PLAN  DEVELOPED  PURSUANT  TO  SECTION  FIVE HUNDRED FOUR OF THE
 FEDERAL REHABILITATION ACT OF 1973, 29 U.S.C. 794.
   7. NO LATER THAN AUGUST FIRST, TWO THOUSAND TWENTY-FIVE,  EACH  SCHOOL
 DISTRICT,  CHARTER SCHOOL, AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES
 SHALL ADOPT AND PUBLISH IN A CLEARLY VISIBLE AND ACCESSIBLE LOCATION  ON
 ITS  WEBSITE  THE INTERNET-ENABLED DEVICE POLICY ESTABLISHED PURSUANT TO
 SUBDIVISION TWO OF THIS SECTION. TRANSLATION OF SUCH POLICY INTO ANY  OF
 THE  TWELVE  MOST COMMON NON-ENGLISH LANGUAGES SPOKEN BY LIMITED-ENGLISH
 PROFICIENT INDIVIDUALS IN THE STATE, BASED  ON  THE  DATA  IN  THE  MOST
 RECENT  AMERICAN  COMMUNITY SURVEY PUBLISHED BY THE UNITED STATES CENSUS
 BUREAU, SHALL BE PROVIDED UPON REQUEST.
   8. (A) NO LATER THAN SEPTEMBER FIRST,  TWO  THOUSAND  TWENTY-SIX,  AND
 EACH  SEPTEMBER  FIRST THEREAFTER, EACH SCHOOL DISTRICT, CHARTER SCHOOL,
 AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL  PUBLISH  AN  ANNUAL
 REPORT  ON  ITS  WEBSITE  DETAILING ENFORCEMENT OF THE POLICY WITHIN THE
 DISTRICT, CHARTER SCHOOL, OR BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES
 IN THE PRIOR SCHOOL YEAR, INCLUDING NON-IDENTIFIABLE DEMOGRAPHIC DATA OF
 S. 3006--B                         45
 
 STUDENTS WHO HAVE FACED DISCIPLINARY ACTION FOR NON-COMPLIANCE AND ANAL-
 YSIS  OF  ANY DEMOGRAPHIC DISPARITIES IN ENFORCEMENT OF THE POLICY. IF A
 STATISTICALLY SIGNIFICANT DISPARATE ENFORCEMENT  IMPACT  IS  IDENTIFIED,
 SUCH REPORT SHALL INCLUDE A MITIGATION ACTION PLAN.
   (B)  EACH  SCHOOL  DISTRICT,  CHARTER SCHOOL, AND BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES SHALL NOT PERMIT THE SUSPENSION OF A STUDENT IF THE
 ONLY GROUNDS FOR THE SUSPENSION IS THAT THE STUDENT ACCESSED  AN  INTER-
 NET-ENABLED  DEVICE  IN  VIOLATION OF THE POLICY ADOPTED AND IMPLEMENTED
 PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   § 2. This act shall take effect immediately.
 
                                  PART D
 
   Section 1. Section 666 of the education law is REPEALED.
   § 2.  Paragraph a of subdivision 2 of section 667-c of  the  education
 law,  as  amended  by  section  1 of part E of chapter 56 of the laws of
 2022, is amended to read as follows:
   a. for students defined in paragraph a  of  subdivision  one  of  this
 section,  a  part-time  student is one who: (i) IS enrolled [as a first-
 time freshman during the two thousand six--two thousand  seven  academic
 year  or thereafter] at a college or university within the state univer-
 sity, including a statutory or contract  college,  a  community  college
 established  pursuant to article one hundred twenty-six of this chapter,
 the city university of New York, or a non-profit college  or  university
 incorporated by the regents or by the legislature;
   (ii)  is enrolled for at least [six] THREE but less than twelve semes-
 ter hours, or the equivalent, per semester in an approved  undergraduate
 degree program; and
   (iii) has a cumulative grade-point average of at least 2.00.
   § 3. Section 667-c-1 of the education law is REPEALED.
   § 4. Paragraph c of subdivision 5 of section 610 of the education law,
 as  added  by  chapter  425  of  the laws of 1988, is amended to read as
 follows:
   c. Any semester, quarter or term of attendance during which a  student
 receives  an award for part-time study pursuant to this section shall be
 counted as one-half of a semester, quarter or term, as the case may  be,
 toward  the  maximum  term  of eligibility for tuition assistance awards
 pursuant to [sections six hundred sixty-six  and]  SECTION  six  hundred
 sixty-seven of this chapter.
   §  5. Subdivision 2 of section 667 of the education law, as amended by
 chapter 376 of the laws of 2019, is amended to read as follows:
   2. Duration. No undergraduate shall be eligible  for  more  than  four
 academic  years of study, or five academic years if the program of study
 normally requires five years. Students enrolled in a program of remedial
 study, approved by the commissioner in an institution of  higher  educa-
 tion and intended to culminate in a degree in undergraduate study shall,
 for  purposes of this section, be considered as enrolled in a program of
 study normally requiring five years. An undergraduate  student  enrolled
 in  an  eligible  two year program of study approved by the commissioner
 shall be eligible for no more than three academic  years  of  study.  An
 undergraduate  student  enrolled in an approved two or four-year program
 of study approved by the  commissioner  who  must  transfer  to  another
 institution  as  a result of permanent college closure shall be eligible
 for up to two additional semesters, or their equivalent, to  the  extent
 credits  necessary  to  complete  [his  or her] THE STUDENT'S program of
 study were deemed non-transferable from the closed institution  or  were
 S. 3006--B                         46
 
 deemed  not  applicable  to  such  student's program of study by the new
 institution.  Any semester, quarter, or term of attendance during  which
 a  student  receives  any  award under this article, after the effective
 date  of the former scholar incentive program and prior to academic year
 nineteen hundred eighty-nine--nineteen hundred ninety, shall be  counted
 toward the maximum term of eligibility for tuition assistance under this
 section,  except that any semester, quarter or term of attendance during
 which a student received  an  award  pursuant  to  section  six  hundred
 sixty-six  of  this  subpart shall be counted as one-half of a semester,
 quarter or term, as the case may be, toward the maximum term  of  eligi-
 bility  under  this section. Any semester, quarter or term of attendance
 during which a student received an award pursuant to section six hundred
 sixty-seven-a of this subpart shall not be counted  toward  the  maximum
 term of eligibility under this section.
   § 6. This act shall take effect immediately and shall apply to academ-
 ic years 2025-2026 and thereafter.
 
                                  PART E
 
   Section  1.  Subdivision  2  of section 669-h of the education law, as
 amended by section 1 of part G of chapter 56 of the  laws  of  2022,  is
 amended to read as follows:
   2.  Amount.  Within  amounts appropriated therefor and based on avail-
 ability of funds, awards shall be granted [beginning with the two  thou-
 sand  seventeen--two  thousand eighteen academic year and thereafter] to
 applicants that the corporation has determined are eligible  to  receive
 such  awards. The corporation shall grant such awards in an amount up to
 [five thousand five hundred dollars or] actual  tuition[,  whichever  is
 less];  provided, however, (a) a student who receives educational grants
 and/or scholarships that cover the student's  full  cost  of  attendance
 shall  not be eligible for an award under this program; and (b) an award
 under this program shall be applied to tuition after the application  of
 payments  received  under  the  tuition  assistance  program pursuant to
 section six hundred sixty-seven of this subpart, tuition credits  pursu-
 ant  to  section six hundred eighty-nine-a of this article, federal Pell
 grant pursuant to section one thousand seventy of title  twenty  of  the
 United  States code, et seq., and any other program that covers the cost
 of attendance unless exclusively for non-tuition expenses, and the award
 under this program  shall  be  reduced  in  the  amount  equal  to  such
 payments,  provided that the combined benefits do not exceed [five thou-
 sand five hundred dollars. Upon notification  of  an  award  under  this
 program,  the  institution  shall  defer the amount of tuition. Notwith-
 standing paragraph h of subdivision two of section three hundred  fifty-
 five  and paragraph (a) of subdivision seven of section six thousand two
 hundred six of this chapter, and any other law, rule  or  regulation  to
 the contrary,] the RESIDENT undergraduate tuition charged by [the insti-
 tution  to  recipients  of  an  award  shall not exceed the tuition rate
 established by the institution for the two thousand  sixteen--two  thou-
 sand seventeen academic year provided, however, that in the two thousand
 twenty-two--two thousand twenty-three academic year and every year ther-
 eafter,  the undergraduate tuition charged by the institution to recipi-
 ents of an award shall be reset to equal the tuition rate established by
 the institution for the forthcoming academic year, provided further that
 the tuition credit calculated pursuant to section  six  hundred  eighty-
 nine-a  of this article shall be applied toward the tuition rate charged
 for recipients of an award under this program.   Provided further  that]
 S. 3006--B                         47
 
 the  state  university  of New York [and the city university of New York
 shall provide an additional tuition  credit  to  students  receiving  an
 award to cover the remaining cost of tuition].
   § 2. This act shall take effect immediately and shall be applicable to
 academic years 2025-2026 and thereafter.
 
                                  PART F
 
   Section  1.  The education law is amended by adding a new section 6311
 to read as follows:
   § 6311. NEW YORK OPPORTUNITY PROMISE SCHOLARSHIP.  1.  ELIGIBILITY.  A
 NEW  YORK  OPPORTUNITY PROMISE SCHOLARSHIP SHALL BE AWARDED TO AN APPLI-
 CANT WHO MEETS ALL OF THE FOLLOWING CONDITIONS:
   (A) IS AT LEAST TWENTY-FIVE YEARS OF AGE OR OLDER, BUT IN NO CASE MORE
 THAN FIFTY-FIVE YEARS OF AGE, AS OF JANUARY FIRST OF THE  CALENDAR  YEAR
 FOR THE SEMESTER FOR WHICH THE APPLICANT MAKES INITIAL APPLICATION;
   (B)  HAS APPLIED FOR A NEW YORK STATE TUITION ASSISTANCE PROGRAM AWARD
 PURSUANT TO SECTION SIX HUNDRED SIXTY-SEVEN OF THIS CHAPTER,  A  FEDERAL
 PELL  GRANT  PURSUANT  TO  SECTION 1070 OF TITLE 20 OF THE UNITED STATES
 CODE, ET. SEQ., AND ANY OTHER APPLICABLE FINANCIAL AID;
   (C) IS MATRICULATED IN AN APPROVED  PROGRAM  DIRECTLY  LEADING  TO  AN
 ASSOCIATE'S  DEGREE  AT  A  NEW  YORK STATE PUBLIC INSTITUTION OF HIGHER
 EDUCATION  IN A HIGH-DEMAND FIELD; PROVIDED THAT FOR  THE  TWO  THOUSAND
 TWENTY-FIVE  -- TWO THOUSAND TWENTY-SIX ACADEMIC YEAR, SUCH FIELDS SHALL
 INCLUDE BUT  NOT  BE  LIMITED  TO  ADVANCED  MANUFACTURING,  TECHNOLOGY,
 CYBERSECURITY,  ENGINEERING, ARTIFICIAL INTELLIGENCE, NURSING AND ALLIED
 HEALTH PROFESSIONS, GREEN AND RENEWABLE ENERGY, AND PATHWAYS TO TEACHING
 IN SHORTAGE AREAS, AS IDENTIFIED AND DETERMINED  BY  THE  DEPARTMENT  OF
 LABOR,  AND  PROVIDED  FURTHER THAT SUCH FIELDS MAY BE EXPANDED ANNUALLY
 THEREAFTER BY THE DEPARTMENT OF LABOR NO LATER THAN ONE  HUNDRED  EIGHTY
 DAYS  PRIOR  TO  THE  FIRST START DATE OF THE FALL TERM OF SUCH NEW YORK
 STATE PUBLIC INSTITUTION OF HIGHER EDUCATION AND PROVIDED  FURTHER  THAT
 THE ELIGIBILITY OF SUCH APPROVED PROGRAM ESTABLISHED IN THE SEMESTER FOR
 WHICH THE APPLICANT MAKES INITIAL APPLICATION SHALL CONTINUE;
   (D)  IS  ELIGIBLE  FOR  THE  PAYMENT  OF TUITION AND FEES AT A RATE NO
 GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS IN  COMMUNITY  COLLEGES;
 AND
   (E)  HAS  NOT ALREADY OBTAINED ANY POSTSECONDARY DEGREE, PROVIDED THAT
 NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO PROHIBIT THE ELIGIBILITY
 OF A STUDENT WHO IS ALREADY ENROLLED IN  AN  ELIGIBLE  ASSOCIATE  DEGREE
 PROGRAM  ON  THE  EFFECTIVE  DATE  OF THIS SECTION AND WHO MEETS ALL THE
 OTHER ELIGIBILITY REQUIREMENTS OF THIS SUBDIVISION.
   2. AMOUNT. WITHIN AMOUNTS APPROPRIATED THEREFOR, AND SUBJECT TO AVAIL-
 ABILITY OF FUNDS, AWARDS SHALL BE GRANTED FOR THE TWO  THOUSAND  TWENTY-
 FIVE  --  TWO THOUSAND TWENTY-SIX ACADEMIC YEAR AND THEREAFTER TO APPLI-
 CANTS WHO ARE DETERMINED TO BE ELIGIBLE TO RECEIVE SUCH  AWARDS.    SUCH
 AWARDS  SHALL  BE  CALCULATED  ON A PER TERM BASIS PRIOR TO THE START OF
 EACH TERM THE APPLICANT IS SUCCESSFULLY ENROLLED AND  SHALL  NOT  EXCEED
 THE POSITIVE DIFFERENCE, IF ANY, OF (A) THE SUM OF ACTUAL TUITION, FEES,
 BOOKS,  AND APPLICABLE SUPPLIES CHARGED TO THE APPLICANT AND APPROVED BY
 THE APPLICABLE NEW YORK STATE PUBLIC  INSTITUTION  OF  HIGHER  EDUCATION
 LESS  (B)  THE  SUM  OF  ALL PAYMENTS RECEIVED BY THE APPLICANT FROM ALL
 SOURCES OF FINANCIAL AID RECEIVED BY THE APPLICANT WITH THE EXCEPTION OF
 AID RECEIVED PURSUANT TO FEDERAL WORK-STUDY  PROGRAMS  AUTHORIZED  UNDER
 SECTIONS  1087-51  THROUGH 1087-58 OF TITLE 20 OF THE UNITED STATES CODE
 AND EDUCATIONAL LOANS TAKEN BY THE APPLICANT OR GUARDIAN.
 S. 3006--B                         48
 
   3. ADDITIONAL PROVISIONS. AN  ELIGIBLE  RECIPIENT  SHALL  COMPLETE  AT
 LEAST  SIX  CREDITS PER SEMESTER, FOR A TOTAL OF AT LEAST TWELVE CREDITS
 PER ACADEMIC YEAR, IN AN APPROVED PROGRAM OF STUDY. AN ELIGIBLE  RECIPI-
 ENT  SHALL  BE  CONTINUOUSLY  ENROLLED  WITHOUT  A  GAP OF MORE THAN ONE
 ACADEMIC YEAR, PROVIDED THAT SUCH DURATION MAY BE EXTENDED FOR AN ALLOW-
 ABLE  INTERRUPTION  OF  STUDY  INCLUDING, BUT NOT LIMITED TO, DEATH OF A
 FAMILY MEMBER, MEDICAL LEAVE,  MILITARY  SERVICE,  AND  PARENTAL  LEAVE.
 NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, IF AN APPLI-
 CANT  FAILS  TO  MEET  THE  ELIGIBILITY  CRITERIA OF THIS SECTION AT ANY
 POINT, NO FURTHER AWARDS SHALL BE MADE TO THE APPLICANT.
   4. CONDITIONS. (A) AN ELIGIBLE RECIPIENT SHALL CONTINUE TO MAKE SATIS-
 FACTORY ACADEMIC PROGRESS IN ORDER TO MAINTAIN CONTINUED ELIGIBILITY FOR
 AN AWARD PURSUANT TO THIS SECTION.
   (B) EACH CAMPUS THAT ENROLLS STUDENTS PURSUANT TO THIS  SECTION  SHALL
 TAKE  STEPS  CONSISTENT WITH ESTABLISHED POLICY TO MAXIMIZE THE AWARD OF
 CREDIT FOR PRIOR LEARNING FOR PARTICIPATING STUDENTS.
   (C) NO STUDENT SHALL RECEIVE AN AWARD PURSUANT  TO  THIS  SECTION  FOR
 GREATER THAN TEN SEMESTERS.
   (D)  A STUDENT WHO EARNS COLLEGE CREDIT PURSUANT TO THIS SECTION SHALL
 BE ENTITLED TO TRANSFER SUCH CREDIT TO ANOTHER STATE UNIVERSITY  OF  NEW
 YORK  OR  CITY  UNIVERSITY  OF  NEW YORK CAMPUS CONSISTENT WITH TRANSFER
 POLICIES ESTABLISHED BY THE STATE UNIVERSITY OF NEW YORK OR CITY UNIVER-
 SITY OF NEW YORK.
   5. REPORTING. BY SEPTEMBER FIRST,  TWO  THOUSAND  TWENTY-SIX,  AND  BY
 SEPTEMBER  FIRST  OF  EACH  YEAR THEREAFTER, THE CHANCELLOR OF THE STATE
 UNIVERSITY OF NEW YORK AND THE CHANCELLOR OF THE CITY UNIVERSITY OF  NEW
 YORK  SHALL  EACH  SUBMIT  A  REPORT TO THE GOVERNOR, THE SPEAKER OF THE
 ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE, INCLUDING  BUT  NOT
 LIMITED TO THE FOLLOWING INFORMATION:
   (A) ENROLLMENT DATA BY FULL AND PART-TIME STATUS;
   (B) ENROLLMENT DATA BY FIELD OF STUDY;
   (C) RETENTION AND COMPLETION RATES BY FULL AND PART-TIME STATUS;
   (D) BARRIERS TO STUDENT PARTICIPATION;
   (E) DEMOGRAPHIC DATA RELATED TO THE PROGRAM;
   (F) AVERAGE PRIOR LEARNING AND TRANSFER CREDIT AWARDED;
   (G)  THE  TOTAL  AMOUNT  OF  FUNDS  AWARDED  AND THE AVERAGE AWARD PER
 STUDENT; AND
   (H)  POST-COMPLETION  OUTCOMES  INCLUDING  TRANSFER,  EMPLOYMENT,  AND
 WAGES, AS APPLICABLE.
   § 2. This act shall take effect immediately.
 
                                  PART G
 
   Section 1. Section 292 of the executive law is amended by adding a new
 subdivision 42 to read as follows:
   42. THE TERM "REAL ESTATE APPRAISAL" SHALL HAVE THE SAME MEANING AS IN
 SUBDIVISION  TWO  OF  SECTION  ONE  HUNDRED  SIXTY-A  OF  THIS  CHAPTER.
 PROVIDED, HOWEVER, THAT (A) REAL ESTATE APPRAISALS SUBJECT TO THIS ARTI-
 CLE INCLUDE THOSE PERFORMED BY ANY PERSON OR ENTITY WHOSE BUSINESS HOLDS
 ITSELF OUT AS ENGAGING IN RESIDENTIAL REAL ESTATE APPRAISALS, REGARDLESS
 OF WHETHER OR NOT SUCH PERSON OR ENTITY  IS  CERTIFIED  OR  LICENSED  TO
 PROVIDE  REAL  ESTATE  APPRAISALS  PURSUANT TO THE PROVISIONS OF ARTICLE
 SIX-E OF THIS CHAPTER, AND (B) FOR THE PURPOSES  OF  THIS  ARTICLE,  THE
 REAL  ESTATE  APPRAISAL INCLUDES ALL ORAL COMMUNICATIONS AND ALL WRITTEN
 COMMENTS AND OTHER DOCUMENTS SUBMITTED  AS  SUPPORT  FOR  THE  ESTIMATE,
 OPINION OF VALUE, OR ANALYSIS.
 S. 3006--B                         49
 
   §  1-a.  The public housing law is amended by adding a new section 601
 to read as follows:
   §  601. FAIR HOUSING TESTING, EDUCATION AND NETWORKING PROGRAM. 1. FOR
 THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "FAIR HOUSING SERVICES" SHALL INCLUDE, BUT NOT BE LIMITED TO, FAIR
 HOUSING TESTING, ACTIVITIES RELATED TO RECEIVING COMPLAINTS OR  INTAKES,
 ASSESSING AND INVESTIGATING COMPLAINTS, CONDUCTING RESEARCH AND INVESTI-
 GATIONS,  ENFORCING  THE  LAW,  AND  PROVIDING OUTREACH AND EDUCATION TO
 CURRENT AND PROSPECTIVE RESIDENTS OF OWNER-OCCUPIED AND RENTAL  HOUSING,
 PROPERTY  OWNERS,  AND OTHER PARTICIPANTS IN THE RESIDENTIAL REAL ESTATE
 MARKET; AND
   (B) "FAIR HOUSING TESTING" SHALL MEAN  THE  USE  OF  INDIVIDUALS  WHO,
 WITHOUT  ANY BONA FIDE INTENT TO RENT OR PURCHASE HOUSING OR TO PURCHASE
 A MORTGAGE, POSE AS PROSPECTIVE RENTERS OR BORROWERS FOR THE PURPOSE  OF
 GATHERING  INFORMATION.  THIS INFORMATION MAY INDICATE WHETHER A HOUSING
 PROVIDER OR OTHER PARTICIPANT IN THE RESIDENTIAL REAL ESTATE  MARKET  IS
 COMPLYING WITH FEDERAL, STATE, AND LOCAL FAIR HOUSING LAWS.
   2. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION AND
 WITHIN  AMOUNTS  APPROPRIATED OR OTHERWISE AVAILABLE THEREFOR, THE DIVI-
 SION OF HOUSING AND COMMUNITY RENEWAL SHALL  DEVELOP  AND  ADMINISTER  A
 FAIR  HOUSING  TESTING, EDUCATION AND NETWORKING PROGRAM TO PROVIDE FAIR
 HOUSING SERVICES IN EVERY  COUNTY  OF  THE  STATE.  THE  DIVISION  SHALL
 PROVIDE  GRANTS TO ELIGIBLE NOT-FOR-PROFIT ORGANIZATIONS TO PROVIDE FAIR
 HOUSING SERVICES UNDER SUCH PROGRAM.
   3. (A) THE DIVISION SHALL ESTABLISH  CRITERIA  FOR  THE  SELECTION  OF
 GRANT  APPLICATIONS,  REVIEW  APPLICATIONS AND MAKE AWARDS, AND EXERCISE
 AND PERFORM SUCH OTHER FUNCTIONS AS ARE RELATED TO THE PURPOSES OF  THIS
 SECTION.
   (B)  THE  DIVISION  SHALL  MAKE  THREE-YEAR GRANTS, WITHIN THE AMOUNTS
 APPROPRIATED  FOR  THAT  PURPOSE,  TO  NOT-FOR-PROFIT  ORGANIZATIONS  TO
 PROVIDE SERVICES RELATED TO THE PURPOSES OF THIS SECTION.
   4.  EACH  NOT-FOR-PROFIT  ORGANIZATION  RECEIVING  A  GRANT UNDER THIS
 SECTION SHALL AT A MINIMUM REPORT TO THE DIVISION NO  LATER  THAN  SIXTY
 DAYS AFTER THE END OF THE FIRST AND SECOND YEAR OF THE GRANT, AND SUBMIT
 A FINAL REPORT NO LATER THAN SIXTY DAYS AFTER THE END OF EACH THREE-YEAR
 GRANT.  SUCH REPORT SHALL INCLUDE AN ACCOUNTING OF THE FUNDS RECEIVED BY
 THE GRANT AND THE SERVICES PROVIDED.
   §  2.  Subdivision 5 of section 296 of the executive law is amended by
 adding a new paragraph (h) to read as follows:
   (H) IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY PERSON  TO
 DISCRIMINATE AGAINST ANY INDIVIDUAL  IN  MAKING  REAL  ESTATE  APPRAISAL
 SERVICES  AVAILABLE  OR  TO  BASE  A REAL ESTATE APPRAISAL, ESTIMATE, OR
 OPINION OF VALUE ON  THE RACE, CREED, COLOR, NATIONAL  ORIGIN,  CITIZEN-
 SHIP  OR  IMMIGRATION  STATUS,  SEXUAL  ORIENTATION,  GENDER IDENTITY OR
 EXPRESSION, MILITARY  STATUS,  SEX,  AGE,  DISABILITY,  MARITAL  STATUS,
 STATUS  AS  A  VICTIM  OF DOMESTIC VIOLENCE, LAWFUL SOURCE OF INCOME, OR
 FAMILIAL STATUS OF EITHER THE PROSPECTIVE OWNERS  OR  OCCUPANTS  OF  THE
 REAL  PROPERTY, THE PRESENT OWNERS OR OCCUPANTS OF THE REAL PROPERTY, OR
 THE PRESENT OWNERS OR OCCUPANTS OF THE REAL PROPERTIES IN  THE  VICINITY
 OF  THE  PROPERTY.  NOTHING IN THIS SECTION SHALL PROHIBIT A REAL ESTATE
 APPRAISER FROM TAKING INTO CONSIDERATION FACTORS OTHER THAN RACE, CREED,
 COLOR, NATIONAL ORIGIN, CITIZENSHIP OR IMMIGRATION STATUS, SEXUAL ORIEN-
 TATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX, AGE,  DISA-
 BILITY,  MARITAL STATUS, STATUS AS A VICTIM OF DOMESTIC VIOLENCE, LAWFUL
 SOURCE OF INCOME, OR FAMILIAL STATUS.
 S. 3006--B                         50
 
   § 3. Subdivision 9 of section 160-e of the executive law,  as  amended
 by chapter 397 of the laws of 1991, is amended to read as follows:
   9.  To  suspend  and  revoke  certificates or licenses OR IMPOSE FINES
 pursuant to the disciplinary proceedings provided for in this article.
   § 4. The opening paragraph of subdivision 1 of section  160-u  of  the
 executive law, as amended by chapter 397 of the laws of 1991, is amended
 to read as follows:
   The  rights  of any holder under a state certificate as a state certi-
 fied real estate appraiser, or a license as a state licensed real estate
 appraiser, may be revoked or suspended, or the  holder  of  the  certif-
 ication  or  license may be otherwise disciplined in accordance with the
 provisions of this article, upon any of the grounds set  forth  in  this
 section.  AS AN ALTERNATIVE OR IN ADDITION TO SUCH SUSPENSION OR REVOCA-
 TION,  A  FINE  NOT EXCEEDING TWO THOUSAND DOLLARS MAY BE IMPOSED ON ANY
 HOLDER OF THE CERTIFICATION OR LICENSE, PROVIDED THAT FIFTY  PERCENT  OF
 ALL  MONEYS  RECEIVED BY THE DEPARTMENT OF STATE FOR SUCH FINES SHALL BE
 PAYABLE TO THE ANTI-DISCRIMINATION IN HOUSING FUND ESTABLISHED  PURSUANT
 TO  SECTION EIGHTY-A OF THE STATE FINANCE LAW. The department may inves-
 tigate the  actions  of  a  state  certified  or  licensed  real  estate
 appraiser,  and may [revoke or suspend the rights of] SANCTION OR OTHER-
 WISE DISCIPLINE a certificate or license holder [or otherwise discipline
 a state certified or licensed real estate  appraiser]  for  any  of  the
 following acts or omissions:
   §  5.  Subdivision 1 of section 160-v of the executive law, as amended
 by chapter 241 of the laws of 1999, is amended to read as follows:
   1. Before suspending or  revoking  any  certification  or  license  OR
 IMPOSING  ANY  FINES  ON  A  HOLDER  OF  A CERTIFICATION OR LICENSE, the
 department shall notify the state  certified  or  licensed  real  estate
 appraiser  or licensed real estate appraiser assistant in writing of any
 charges made at least twenty days prior to the date set for the  hearing
 and  shall  afford  [him or her] SUCH REAL ESTATE APPRAISER OR SUCH REAL
 ESTATE APPRAISER ASSISTANT an opportunity to be heard in  person  or  by
 counsel.
   §  6.  Subdivision 2 of section 160-w of the executive law, as amended
 by chapter 241 of the laws of 1999, is amended to read as follows:
   2. If the department determined that a  state  certified  or  licensed
 real  estate  appraiser  or  licensed real estate appraiser assistant is
 guilty of a violation of any of the provisions of this article, it shall
 prepare a finding of fact and recommend that such  appraiser  be  repri-
 manded  [or],  that  [his  or  her]  THEIR  certification  or license be
 suspended or revoked, AND/OR INDICATE WHETHER A FINE SHALL  BE  IMPOSED.
 The decision and order of the department shall be final.
   §  7.  Subdivisions  2 and 3 of section 80-a of the state finance law,
 subdivision 2 as added by chapter 687 of the laws of 2021  and  subdivi-
 sion 3 as amended by chapter 89 of the laws of 2022, are amended to read
 as follows:
   2.  The  anti-discrimination  in  housing fund shall consist of moneys
 appropriated thereto, moneys transferred from any other fund or sources,
 FIFTY PERCENT OF ALL FINES AND FORFEITURES COLLECTED PURSUANT TO  SUBDI-
 VISION  ONE  OF  SECTION  ONE  HUNDRED SIXTY-U OF THE EXECUTIVE LAW, and
 fifty percent of all fines and forfeitures collected pursuant  to  para-
 graph  (a) of subdivision one of section four hundred forty-one-c of the
 real property law. Nothing contained in this section shall  prevent  the
 state  from  receiving grants, gifts or bequests for the purposes of the
 fund as defined in this  section  and  depositing  them  into  the  fund
 according to law.
 S. 3006--B                         51

   3. The moneys in the anti-discrimination in housing fund shall be kept
 separate  from  and shall not be commingled with any other moneys in the
 custody of the state comptroller. Such moneys shall be made available to
 the office of the attorney general, for [fair housing testing]  PROGRAMS
 ASSISTING  WITH  FAIR  HOUSING  COMPLIANCE,  WHICH  INCLUDES, BUT IS NOT
 LIMITED TO, FAIR HOUSING TESTING, OUTREACH AND EDUCATION ON FAIR HOUSING
 PROTECTIONS, ADDRESSING AND INVESTIGATING FAIR HOUSING  ALLEGATIONS  AND
 COMPLAINTS,  AND  ADDRESSING DISCRIMINATION IN APPRAISALS, INCLUDING NEW
 APPRAISALS AND APPRAISAL REVIEW, through allocation of  grants  to  duly
 applying  county,  city,  town  or  village human rights commissions, or
 other duly applying county, city, town, village or not-for-profit  enti-
 ties  specializing in the prevention of unlawful discrimination in hous-
 ing, to detect unlawful discrimination in housing.
   § 8. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, that shall not  affect
 the validity or effectiveness of any other provision of this act,  or of
 any  other  application of any provision of this act, which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   § 9. This act shall take effect immediately.
 
                                  PART H
 
                           Intentionally Omitted
 
                                  PART I
 
   Section  1.  Section 7-107 of the general obligations law, as added by
 chapter 917 of the laws of 1984, is amended to read as follows:
   § 7-107. Liability of a grantee  or  assignee  for  deposits  made  by
 tenants  upon  conveyance  of  rent  stabilized  dwelling units. 1. This
 section shall apply only to dwelling units subject to the New York  city
 rent  stabilization  law of nineteen hundred sixty-nine or the emergency
 tenant protection act of nineteen seventy-four.
   2. (a) Any grantee or assignee of any dwelling  unit  referred  to  in
 subdivision  one of this section shall be liable to a tenant for any sum
 of money or any other thing of value deposited as security for the  full
 performance  by  such  tenant of the terms of [his] SUCH TENANT'S lease,
 plus any accrued interest, if [his] SUCH TENANT or  its  predecessor  in
 interest  was liable for such funds. Such liability shall attach whether
 or not the successor in interest has, upon the conveyance of such dwell-
 ing unit, received the sum as deposited.
   (b) The liability of a receiver for payment of  any  security  deposit
 plus  accrued  interest pursuant to this subdivision shall be limited to
 the amount of such deposit actually turned over  to  [him  or  it]  SUCH
 RECEIVER  pursuant to subdivision one of section 7-105 of this [chapter]
 TITLE and to the operating income in excess of expenses generated during
 [his or its] SUCH RECEIVER'S  period  of  receivership.  NO  DEPOSIT  OR
 ADVANCE SHALL EXCEED THE AMOUNT OF ONE MONTH'S RENT, PLUS ACCRUED INTER-
 EST,  UNDER  ANY  CONTRACT  FOR  THE LEASE OR TENANCY OF A DWELLING UNIT
 SUBJECT TO THIS SECTION.
   3. Any agreement by a lessee or tenant of a dwelling unit  waiving  or
 modifying  [his]  SUCH  LESSEE'S OR TENANT'S rights as set forth in this
 section shall be void.  THE ENTIRE AMOUNT OF  THE  DEPOSIT  OR  ADVANCE,
 PLUS  ACCRUED  INTEREST,  SHALL  BE  REFUNDABLE  TO  THE TENANT UPON THE
 S. 3006--B                         52
 
 TENANT'S VACATING OF THE PREMISES EXCEPT FOR AN AMOUNT LAWFULLY RETAINED
 FOR THE REASONABLE AND ITEMIZED COSTS DUE TO NON-PAYMENT OF RENT, DAMAGE
 CAUSED BY THE TENANT BEYOND NORMAL WEAR AND TEAR, NON-PAYMENT OF UTILITY
 CHARGES PAYABLE DIRECTLY TO THE LANDLORD UNDER THE TERMS OF THE LEASE OR
 TENANCY, AND MOVING AND STORAGE OF THE TENANT'S BELONGINGS. THE LANDLORD
 MAY  NOT RETAIN ANY AMOUNT OF THE DEPOSIT FOR COSTS RELATING TO ORDINARY
 WEAR AND TEAR OF OCCUPANCY OR DAMAGE CAUSED BY A PRIOR TENANT.
   4. AFTER INITIAL LEASE SIGNING BUT BEFORE THE TENANT BEGINS OCCUPANCY,
 THE LANDLORD SHALL OFFER THE TENANT THE OPPORTUNITY TO INSPECT THE PREM-
 ISES WITH THE LANDLORD OR THE LANDLORD'S AGENT TO DETERMINE  THE  CONDI-
 TION  OF  THE  PROPERTY.  IF  THE  TENANT  REQUESTS SUCH INSPECTION, THE
 PARTIES SHALL EXECUTE A WRITTEN AGREEMENT BEFORE THE TENANT BEGINS OCCU-
 PANCY OF THE UNIT ATTESTING TO THE CONDITION OF THE PROPERTY AND SPECIF-
 ICALLY NOTING ANY EXISTING DEFECTS OR DAMAGES. UPON THE TENANT'S  VACAT-
 ING  OF  THE  PREMISES,  THE  LANDLORD  MAY NOT RETAIN ANY AMOUNT OF THE
 DEPOSIT OR ADVANCE DUE TO ANY CONDITION, DEFECT, OR DAMAGE NOTED IN SUCH
 AGREEMENT. THE AGREEMENT SHALL BE ADMISSIBLE AS EVIDENCE OF  THE  CONDI-
 TION  OF  THE PREMISES AT THE BEGINNING OF OCCUPANCY ONLY IN PROCEEDINGS
 RELATED TO THE RETURN OR AMOUNT OF THE SECURITY DEPOSIT.
   5. WITHIN A REASONABLE  TIME  AFTER  NOTIFICATION  OF  EITHER  PARTY'S
 INTENTION  TO  TERMINATE  THE  TENANCY, UNLESS THE TENANT TERMINATES THE
 TENANCY WITH LESS THAN TWO WEEKS' NOTICE, THE LANDLORD SHALL NOTIFY  THE
 TENANT  IN WRITING OF THE TENANT'S RIGHT TO REQUEST AN INSPECTION BEFORE
 VACATING THE PREMISES AND OF THE TENANT'S RIGHT TO  BE  PRESENT  AT  THE
 INSPECTION.  IF  THE  TENANT REQUESTS SUCH AN INSPECTION, THE INSPECTION
 SHALL BE MADE NO EARLIER THAN TWO WEEKS  AND  NO  LATER  THAN  ONE  WEEK
 BEFORE  THE  END  OF  THE  TENANCY.  THE LANDLORD SHALL PROVIDE AT LEAST
 FORTY-EIGHT HOURS WRITTEN NOTICE OF THE DATE AND TIME OF THE INSPECTION.
 AFTER THE INSPECTION, THE LANDLORD SHALL  PROVIDE  THE  TENANT  WITH  AN
 ITEMIZED  STATEMENT  SPECIFYING REPAIRS OR CLEANING THAT ARE PROPOSED TO
 BE THE BASIS OF ANY DEDUCTIONS FROM THE  TENANT'S  DEPOSIT.  THE  TENANT
 SHALL  HAVE THE OPPORTUNITY TO CURE ANY SUCH CONDITION BEFORE THE END OF
 THE TENANCY. ANY STATEMENT PRODUCED PURSUANT TO THIS  SUBDIVISION  SHALL
 ONLY BE ADMISSIBLE IN PROCEEDINGS RELATED TO THE RETURN OR AMOUNT OF THE
 SECURITY DEPOSIT.
   6. WITHIN FOURTEEN DAYS AFTER THE TENANT HAS VACATED THE PREMISES, THE
 LANDLORD  SHALL PROVIDE THE TENANT WITH AN ITEMIZED STATEMENT INDICATING
 THE BASIS FOR THE AMOUNT OF THE DEPOSIT  RETAINED,  IF  ANY,  AND  SHALL
 RETURN  ANY REMAINING PORTION OF THE DEPOSIT TO THE TENANT, PLUS ACCRUED
 INTEREST. IF A LANDLORD FAILS TO PROVIDE THE TENANT WITH  THE  STATEMENT
 AND  DEPOSIT  WITHIN FOURTEEN DAYS, THE LANDLORD SHALL FORFEIT ANY RIGHT
 TO RETAIN ANY PORTION OF THE DEPOSIT.
   7. IN ANY ACTION OR PROCEEDING DISPUTING THE AMOUNT OF ANY PORTION  OF
 THE  DEPOSIT RETAINED, THE LANDLORD SHALL BEAR THE BURDEN OF PROOF AS TO
 THE REASONABLENESS OF THE AMOUNT RETAINED.
   8. ANY PERSON WHO VIOLATES THE PROVISIONS OF  THIS  SECTION  SHALL  BE
 LIABLE  FOR  ACTUAL  DAMAGES,  PROVIDED A PERSON FOUND TO HAVE WILLFULLY
 VIOLATED THIS SECTION SHALL BE LIABLE FOR  PUNITIVE  DAMAGES  OF  UP  TO
 TWICE THE AMOUNT OF THE DEPOSIT OR ADVANCE.
   9.  (A)  IN CIRCUMSTANCES WHERE ANY SUM OF MONEY OR ANY OTHER THING OF
 VALUE DEPOSITED AS SECURITY FOR THE FULL PERFORMANCE BY A TENANT OF  THE
 TERMS  OF  THEIR  LEASE  IS  NOT  TURNED OVER TO A SUCCESSOR IN INTEREST
 PURSUANT TO SECTION 7-105 OF THIS TITLE, THE GRANTEE OR ASSIGNEE OF  THE
 LEASED  PREMISES SHALL ALSO BE LIABLE TO SUCH TENANT, UPON CONVEYANCE OF
 SUCH LEASED PREMISES, FOR THE REPAYMENT OF ANY  SUCH  SECURITY  DEPOSIT,
 S. 3006--B                         53
 
 PLUS  ACCRUED  INTEREST, AS TO WHICH SUCH GRANTEE OR ASSIGNEE HAS ACTUAL
 KNOWLEDGE.
   (B)  FOR PURPOSES OF THIS SECTION, A GRANTEE OR ASSIGNEE OF THE LEASED
 PREMISES SHALL BE DEEMED TO HAVE ACTUAL KNOWLEDGE OF ANY SECURITY DEPOS-
 IT WHICH IS (I) DEPOSITED AT ANY TIME DURING THE SIX MONTHS  IMMEDIATELY
 PRIOR  TO CLOSING OR OTHER TRANSFER OF TITLE IN ANY BANKING ORGANIZATION
 PURSUANT TO SUBDIVISION TWO-A OF SECTION 7-103 OF THIS  TITLE,  OR  (II)
 ACKNOWLEDGED  IN  ANY  LEASE  IN  EFFECT AT THE TIME OF CLOSING OR OTHER
 TRANSFER OF TITLE, OR (III) SUPPORTED BY DOCUMENTARY  EVIDENCE  PROVIDED
 BY  THE  TENANT OR LESSEE AS SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVI-
 SION.
   (C) WITH RESPECT TO ANY LEASED PREMISES FOR WHICH THERE IS  NO  RECORD
 OF  SECURITY  DEPOSIT  PURSUANT TO SUBPARAGRAPH (I) OR (II) OF PARAGRAPH
 (B) OF THIS SUBDIVISION, THE GRANTEE OR ASSIGNEE OF THE LEASED  PREMISES
 SHALL BE OBLIGATED TO NOTIFY THE TENANT THEREOF IN WRITING NO LATER THAN
 THIRTY DAYS FOLLOWING THE CLOSING OR OTHER TRANSFER OF TITLE TO THE FACT
 THAT  THERE  IS NO RECORD OF A SECURITY DEPOSIT FOR SAID LEASED PREMISES
 AND THAT UNLESS THE TENANT WITHIN THIRTY  DAYS  AFTER  RECEIVING  NOTICE
 PROVIDES  THEM  OR  IT  WITH DOCUMENTARY EVIDENCE OF DEPOSIT, THE TENANT
 SHALL HAVE NO FURTHER RECOURSE AGAINST THEM  OR  IT  FOR  SAID  SECURITY
 DEPOSIT.  FOR PURPOSES OF THIS SUBDIVISION, "DOCUMENTARY EVIDENCE" SHALL
 BE LIMITED TO ANY CANCELLED CHECK DRAWN TO THE ORDER OF, A RECEIPT FROM,
 OR A LEASE SIGNED BY ANY PREDECESSOR IN INTEREST, IF SUCH  PREDECESSOR'S
 INTEREST  IN  THE LEASED PREMISES EXISTED ON OR AFTER THE EFFECTIVE DATE
 OF THIS PARAGRAPH. EXCEPT AS OTHERWISE PROVIDED BY SUBPARAGRAPHS (I) AND
 (II) OF PARAGRAPH (B) OF THIS SUBDIVISION, THE GRANTEE  OR  ASSIGNEE  OF
 THE  LEASED  PREMISES  SHALL NOT BE CHARGED WITH ACTUAL KNOWLEDGE OF THE
 SECURITY DEPOSIT WHERE THE TENANT FAILS WITHIN THE THIRTY-DAY PERIOD  TO
 PROVIDE  SUCH DOCUMENTARY EVIDENCE. WHERE THE GRANTEE OR ASSIGNEE OF THE
 LEASED PREMISES FAILS TO NOTIFY THE TENANT AS SPECIFIED  IN  THIS  PARA-
 GRAPH  WITHIN  THIRTY  DAYS  FOLLOWING  THE CLOSING OR OTHER TRANSFER OF
 TITLE, THE TENANT SHALL BE ENTITLED TO PRODUCE DOCUMENTARY  EVIDENCE  AT
 ANY TIME.
   (D)  THE  GRANTEE  OR  ASSIGNEE  OF THE LEASED PREMISES SHALL HAVE THE
 RIGHT TO DEMAND THAT THE GRANTOR OR ASSIGNOR THEREOF ESTABLISH AN ESCROW
 ACCOUNT EQUAL TO ONE MONTH'S RENT FOR  ANY  LEASED  PREMISES  FOR  WHICH
 THERE  IS  NO  RECORD OF A SECURITY DEPOSIT PURSUANT TO PARAGRAPH (B) OF
 THIS SUBDIVISION TO BE USED FOR THE  PURPOSE  OF  HOLDING  HARMLESS  THE
 GRANTEE OR ASSIGNEE IN ANY CASE WHERE, AT A DATE SUBSEQUENT TO THE CLOS-
 ING  OR  OTHER  TRANSFER  OF  TITLE, THE TENANT GIVES NOTICE PURSUANT TO
 PARAGRAPH (C) OF THIS SUBDIVISION.
   (E) THE LIABILITY OF A RECEIVER FOR PAYMENT OF  ANY  SECURITY  DEPOSIT
 PLUS  ACCRUED  INTEREST PURSUANT TO THIS SUBDIVISION SHALL BE LIMITED TO
 THE AMOUNT OF SUCH DEPOSIT ACTUALLY TURNED OVER TO THEM OR  IT  PURSUANT
 TO  SUBDIVISION  ONE OF SECTION 7-105 OF THIS TITLE AND TO THE OPERATING
 INCOME IN EXCESS OF EXPENSES GENERATED DURING THEIR  OR  ITS  PERIOD  OF
 RECEIVERSHIP.
   10. ANY AGREEMENT BY A LESSEE OR TENANT OF A DWELLING WAIVING OR MODI-
 FYING  THEIR  RIGHTS  AS  SET  FORTH IN THIS SECTION SHALL BE ABSOLUTELY
 VOID.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law and shall apply to any lease or rental agreement or
 renewal of a lease or rental agreement entered into  on  or  after  such
 date.
 
                                  PART J
 S. 3006--B                         54
 
   Section  1. Paragraph (b) of subdivision 1 of section 1971 of the real
 property actions and proceedings law, as amended by chapter 529  of  the
 laws of 2008, is amended to read as follows:
   (b) In the case of a vacant dwelling, it is not sealed or continuously
 guarded, IN THAT ADMITTANCE TO THE PROPERTY MAY BE GAINED WITHOUT DAMAG-
 ING  ANY PORTION OF THE PROPERTY, as required by law or it was sealed or
 is continuously guarded by a person other than the owner,  a  mortgagee,
 lienor or agent thereof, and [either] ANY of the following facts exists:
   (i)  A  vacate  order  of  the department or other governmental agency
 currently prohibits occupancy of the dwelling; or
   (ii) The tax on such premises has been due and unpaid for a period  of
 at least one year; or
   (III)  THE PROPERTY HAS HAD A ZONING, BUILDING OR PROPERTY MAINTENANCE
 CODE VIOLATION WHICH HAS THE POTENTIAL TO INJURE, ENDANGER OR  UNREASON-
 ABLY  ANNOY  THE  HEALTH AND SAFETY OF OTHERS THAT HAS BEEN CONTINUOUSLY
 OUTSTANDING AND NOT REMEDIED FOR A PERIOD OF AT LEAST ONE YEAR FROM  THE
 DATE  THAT THE ORIGINAL NOTICE OF VIOLATION WAS SERVED UPON THE PROPERTY
 OWNER PURSUANT TO SUBDIVISION FOUR OF SECTION THREE HUNDRED EIGHT OF THE
 CIVIL PRACTICE LAW AND RULES IF THE OWNER IS A NATURAL  PERSON,  SECTION
 THREE  HUNDRED TEN OF THE CIVIL PRACTICE LAW AND RULES IF THE OWNER IS A
 PARTNERSHIP, SECTION THREE HUNDRED TEN-A OF THE CIVIL PRACTICE  LAW  AND
 RULES IF THE OWNER IS A LIMITED PARTNERSHIP, SECTION THREE HUNDRED ELEV-
 EN OF THE CIVIL PRACTICE LAW AND RULES IF THE OWNER IS A CORPORATION, OR
 SECTION  THREE  HUNDRED  ELEVEN-A OF THE CIVIL PRACTICE LAW AND RULES IF
 THE OWNER IS A LIMITED LIABILITY COMPANY; OR
   § 2. This act shall take effect immediately.
 
                                  PART K
 
   Section 1. The real property tax  law  is  amended  by  adding  a  new
 section 457-a to read as follows:
   §  457-A. EXEMPTION FOR ELIGIBLE RESIDENTIAL PROPERTY TRANSFERRED TO A
 LOW-INCOME HOUSEHOLD. 1. AS USED IN THIS SECTION:
   (A) "NONPROFIT HOUSING ORGANIZATION" MEANS  A  NONPROFIT  ORGANIZATION
 EXEMPT  FROM  CERTAIN  TAXES  PURSUANT  TO  SECTION 501(C)(3) OR SECTION
 501(C)(4) OF THE UNITED STATES INTERNAL  REVENUE  CODE  AND/OR  THAT  IS
 INCORPORATED  UNDER  THE  NOT-FOR-PROFIT  CORPORATION  LAW WHOSE PRIMARY
 PURPOSE IS THE CONSTRUCTION  OR  RENOVATION  OF  RESIDENTIAL  AFFORDABLE
 HOUSING  FOR  CONVEYANCE TO HOUSEHOLDS THAT MEET CERTAIN INCOME REQUIRE-
 MENTS.
   (B) "COMMUNITY LAND TRUST" MEANS A NONPROFIT ORGANIZATION EXEMPT  FROM
 CERTAIN  TAXES PURSUANT TO SECTION 501(C)(3) OR SECTION 501(C)(4) OF THE
 UNITED STATES INTERNAL REVENUE CODE AND/OR THAT  IS  INCORPORATED  UNDER
 THE  NOT-FOR-PROFIT  CORPORATION LAW WHOSE PRIMARY PURPOSE IS TO PROVIDE
 AFFORDABLE HOUSING BY OWNING LAND AND  LEASING  OR  SELLING  RESIDENTIAL
 HOUSING  SITUATED  ON  THAT  LAND TO HOUSEHOLDS THAT MEET CERTAIN INCOME
 REQUIREMENTS.
   (C) "LAND BANK" MEANS AN ENTITY CREATED  IN  ACCORDANCE  WITH  ARTICLE
 SIXTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW.
   (D)  "QUALIFIED LOW-INCOME HOUSEHOLD" MEANS A HOUSEHOLD WITH AN INCOME
 UPON INITIAL OCCUPANCY OF THE RESIDENTIAL  PROPERTY  OF  NOT  MORE  THAN
 EIGHTY  PERCENT  OF  THE  AREA MEDIAN INCOME, AS ANNUALLY DEFINED BY THE
 UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND WHICH HAS
 AGREED TO OCCUPY SUCH RESIDENTIAL PROPERTY AS  A  PRIMARY  RESIDENCE.  A
 NONPROFIT  HOUSING  ORGANIZATION,  COMMUNITY  LAND  TRUST, LAND BANK, OR
 APPROPRIATE GOVERNMENTAL ENTITY SHALL CERTIFY THAT A HOUSEHOLD MEETS THE
 S. 3006--B                         55
 
 INCOME AND RESIDENCY CRITERIA TO BE CONSIDERED  A  QUALIFIED  LOW-INCOME
 HOUSEHOLD  AND  SHALL DETERMINE THE INCOME AND ASSETS THAT SHALL BE USED
 TO DETERMINE A HOUSEHOLD'S INCOME FOR ELIGIBILITY PURPOSES.
   2.  (A) RESIDENTIAL REAL PROPERTY SUBJECT TO A RESTRICTIVE COVENANT OR
 DECLARATION, LEGAL REQUIREMENT, REGULATORY AGREEMENT OR OTHER CONTRACTU-
 AL OBLIGATION WITH A GOVERNMENTAL ENTITY,  NONPROFIT  HOUSING  ORGANIZA-
 TION, OR LAND BANK, AND TRANSFERRED TO A QUALIFIED LOW-INCOME HOUSEHOLD,
 OR WHERE THE LAND IS TRANSFERRED TO A COMMUNITY LAND TRUST AND THE RESI-
 DENTIAL  BUILDING SITUATED ON THE LAND IS OR WILL BE LEASED OR SOLD TO A
 QUALIFIED LOW-INCOME HOUSEHOLD, SHALL BE EXEMPT AS PROVIDED IN PARAGRAPH
 (B) OF THIS SUBDIVISION FROM TAXATION LEVIED BY  OR  ON  BEHALF  OF  ANY
 COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT IN WHICH SUCH RESIDENTIAL
 REAL  PROPERTY  IS  LOCATED,  PROVIDED THE LEGISLATIVE BODY OR GOVERNING
 BOARD OF SUCH COUNTY, CITY,  TOWN  OR  VILLAGE,  AFTER  PUBLIC  HEARING,
 ADOPTS  A  LOCAL LAW, OR A SCHOOL DISTRICT, OTHER THAN A SCHOOL DISTRICT
 TO WHICH ARTICLE FIFTY-TWO OF THE EDUCATION LAW APPLIES, ADOPTS A RESOL-
 UTION OPTING IN TO THIS SUBDIVISION.
   (B) THE REAL PROPERTY TAX EXEMPTION AUTHORIZED PURSUANT  TO  PARAGRAPH
 (A)  OF  THIS SUBDIVISION SHALL BE AN AMOUNT THAT IS NOT LESS THAN TWEN-
 TY-FIVE PERCENT NOR MORE THAN SEVENTY-FIVE PERCENT OF THE ASSESSED VALUE
 OF THE RESIDENTIAL REAL PROPERTY.
   (C) A COPY OF ANY LOCAL LAW OR RESOLUTION ADOPTED  PURSUANT  TO  PARA-
 GRAPH  (A)  OF  THIS SUBDIVISION SHALL BE FILED WITH THE ASSESSOR OF THE
 COUNTY, CITY, TOWN, OR VILLAGE WHO PREPARES THE ASSESSMENT ROLL ON WHICH
 THE TAXES OF SUCH COUNTY, CITY, TOWN, VILLAGE, OR  SCHOOL  DISTRICT  ARE
 LEVIED.
   3. (A) THE EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL BE DISCON-
 TINUED IF THE PROPERTY GRANTED SUCH EXEMPTION:
   (I) CEASES TO BE USED PRIMARILY FOR RESIDENTIAL PURPOSES;
   (II) CEASES TO BE USED AS A PRIMARY RESIDENCE; OR
   (III)  IS  TRANSFERRED  TO ANOTHER PERSON OR ENTITY, OTHER THAN TO ANY
 HEIRS OR DISTRIBUTEES OF THE OWNER THAT MEET THE REQUIREMENTS OF BEING A
 QUALIFIED LOW-INCOME HOUSEHOLD AT THE TIME OF SUCH TRANSFER.
   (B) UPON DETERMINING  THAT  AN  EXEMPTION  GRANTED  PURSUANT  TO  THIS
 SECTION  SHOULD  BE  DISCONTINUED,  THE  ASSESSOR SHALL MAIL A NOTICE SO
 STATING TO THE OWNER OR OWNERS THEREOF AT THE TIME  AND  IN  THE  MANNER
 PROVIDED  BY  SECTION  FIVE  HUNDRED  TEN OF THIS CHAPTER. SUCH OWNER OR
 OWNERS SHALL BE ENTITLED TO SEEK ADMINISTRATIVE AND JUDICIAL  REVIEW  OF
 SUCH  ACTION  IN  THE  MANNER  PROVIDED BY LAW, PROVIDED THAT THE BURDEN
 SHALL BE ON SUCH OWNER  OR  OWNERS  TO  ESTABLISH  ELIGIBILITY  FOR  THE
 EXEMPTION.
   4.  SUCH EXEMPTION SHALL BE GRANTED ONLY UPON APPLICATION BY THE OWNER
 OR OWNERS OF SUCH REAL PROPERTY ON A FORM PRESCRIBED BY THE  COMMISSION-
 ER.  THE  APPLICATION  SHALL  BE  FILED WITH THE ASSESSOR OF THE COUNTY,
 CITY, TOWN, OR VILLAGE HAVING THE POWER TO ASSESS PROPERTY FOR  TAXATION
 ON  OR  BEFORE THE APPROPRIATE TAXABLE STATUS DATE OF SUCH COUNTY, CITY,
 TOWN, OR VILLAGE.
   5. IF SATISFIED THAT THE APPLICANT IS ENTITLED TO AN EXEMPTION  PURSU-
 ANT  TO  THIS  SECTION,  THE ASSESSOR SHALL APPROVE THE APPLICATION, AND
 SUCH RESIDENTIAL PROPERTY SHALL THEREAFTER BE EXEMPT FROM  TAXATION  AND
 SPECIAL  AD  VALOREM  LEVIES AS PROVIDED IN THIS SECTION COMMENCING WITH
 THE ASSESSMENT ROLL PREPARED ON THE BASIS OF  THE  TAXABLE  STATUS  DATE
 REFERRED  TO  IN SUBDIVISION FOUR OF THIS SECTION. THE ASSESSED VALUE OF
 ANY EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL BE ENTERED  BY  THE
 ASSESSOR  ON  THE  ASSESSMENT  ROLL  WITH THE TAXABLE PROPERTY, WITH THE
 AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN.
 S. 3006--B                         56
 
   § 2. This act shall take effect immediately.
 
                                  PART L
 
   Section 1. Paragraph (a) of subdivision 1 of section 33 of the private
 housing  finance  law, as amended by chapter 229 of the laws of 1989, is
 amended to read as follows:
   (a) Upon the consent of the local legislative body of any municipality
 in which a project is or is to  be  located,  the  real  property  in  a
 project  shall  be  exempt  from  local  and municipal taxes, other than
 assessments for local improvements, to the extent of all or part of  the
 value  of  the  property  included  in  such project which represents an
 increase over the assessed valuation of the real property, both land and
 improvements, acquired for the project at the time of its acquisition by
 the limited-profit housing company, provided,  however,  that  the  real
 property  in  a project acquired for purposes of rehabilitation shall be
 exempt to the extent of all  or  part  of  the  value  of  the  property
 included  in  such project, and further provided that the amount of such
 taxes to be paid shall not be less than ten per  centum  of  the  annual
 shelter  rent  or  carrying  charges  of  such  project  except that for
 projects located or to be located in a  city  of  a  population  of  one
 million  or more, [upon the consent of the local legislative body of the
 municipality, the amount of such taxes to be paid may be set at not less
 than (i) the taxes payable with respect to the  real  property  in  such
 project  with  respect  to  the year nineteen hundred seventy-three, or,
 (ii) if such project was not occupied in such year, not  less  than  ten
 per  centum  of the annual shelter rent or carrying charges first estab-
 lished pursuant to subdivision one of section thirty-one of  this  arti-
 cle]  THE  AMOUNT OF SUCH TAXES SHALL BE NO MORE THAN FIVE PER CENTUM OF
 THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE  PROJECT.    NOTWITH-
 STANDING  ANYTHING  TO  THE  CONTRARY  CONTAINED  IN  THIS  ARTICLE, FOR
 PROJECTS LOCATED IN A CITY OF A POPULATION OF ONE MILLION OR  MORE,  THE
 COMMISSIONER  OR  THE  SUPERVISING  AGENCY,  AS  THE  CASE MAY BE, SHALL
 PROMULGATE RULES AND REGULATIONS TO PROVIDE THAT ANY  SAVINGS  THAT  ARE
 GENERATED  BY  A  REDUCTION  IN  LOCAL  AND MUNICIPAL TAXES FROM TEN PER
 CENTUM TO FIVE PER CENTUM OF THE ANNUAL SHELTER RENT OR CARRYING CHARGES
 IN ACCORDANCE WITH THIS PARAGRAPH, ARE UTILIZED TO IMPROVE THE FINANCIAL
 CONDITION OF SUCH LIMITED-PROFIT HOUSING COMPANY AND THE PHYSICAL CONDI-
 TION OF SUCH PROJECT. FOR PURPOSES OF THE PRECEDING SENTENCE,  "SAVINGS"
 MEANS,  FOR  ANY  TAXABLE  YEAR, THE AMOUNT OF LOCAL AND MUNICIPAL TAXES
 PAID BY A LIMITED-PROFIT HOUSING COMPANY FOR THE TAXABLE YEAR ENDING  ON
 OR  BEFORE  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-FOUR LESS THE
 AMOUNT OF LOCAL AND MUNICIPAL TAXES PAID BY SUCH COMPANY IN SUCH TAXABLE
 YEAR.  UPON THE CONSENT OF THE LOCAL LEGISLATIVE BODY OF A MUNICIPALITY,
 OTHER THAN A CITY WITH A POPULATION OF ONE MILLION OR MORE, IN WHICH THE
 PROJECT IS LOCATED, THE AMOUNT OF SUCH TAXES MAY BE FURTHER  REDUCED  TO
 FIVE  PER  CENTUM OR LESS OF THE ANNUAL SHELTER RENT OR CARRYING CHARGES
 OF THE PROJECT. ANY SUCH GRANTED CONSENT TO REDUCE THE  AMOUNT  OF  SUCH
 TAXES  SHALL  EXPIRE  EVERY  TEN  YEARS.  IF  SUCH  AUTHORIZATION IS NOT
 RENEWED, THE RATE OF TAXATION SHALL  REVERT  TO  THE  LEVEL  ESTABLISHED
 BEFORE  THE CONSENT WAS GRANTED. Shelter rent shall mean the total rents
 received from the occupants of a project less the cost of  providing  to
 the  occupants  electricity,  gas, heat and other utilities. Total rents
 shall include rent supplements and subsidies received from  the  federal
 government,  the  state or a municipality on behalf of such occupants[,]
 but shall not include interest reduction payments pursuant  to  subdivi-
 S. 3006--B                         57
 
 sion  (a)  of  section  two hundred one of the Federal Housing and Urban
 Development Act of nineteen hundred sixty-eight. The tax exemption shall
 operate and continue so long as  the  mortgage  loans  of  the  company,
 including  any  additional  mortgage loan the proceeds of which are used
 primarily for the residential portion of the project,  which  additional
 loan  is  approved  by  the  commissioner or the supervising agency, are
 outstanding.
   § 2. Paragraph (c) of subdivision 1 of section 33 of the private hous-
 ing finance law, as amended by chapter 229  of  the  laws  of  1989,  is
 amended to read as follows:
   (c)  Notwithstanding  the provisions of paragraphs (a) and (b) of this
 subdivision, the real property of a state urban development  corporation
 project  acquired,  owned, constructed, managed or operated by a company
 incorporated pursuant to the not-for-profit  corporation  law  and  this
 article  shall  be entitled to all the benefits provided by section four
 hundred twenty-two of the real property tax law. The real property of  a
 state  urban  development  corporation project, other than a state urban
 development corporation project acquired, owned, constructed, managed or
 operated by a company incorporated pursuant to the not-for-profit corpo-
 ration law and this article, shall be exempt from all local and  munici-
 pal  taxes, other than assessments for local improvements, to the extent
 of the value of the property included in such project as  represents  an
 increase over the assessed valuation of the real property, both land and
 improvements, acquired for the project on the date of its acquisition by
 the  limited-profit  housing  company,  provided that the amount of such
 taxes to be paid shall not be less than ten per  centum  of  the  annual
 shelter  rent  or  carrying charges of such project, as defined in para-
 graph (a) hereof, EXCEPT THAT IN A CITY WITH A POPULATION OF ONE MILLION
 OR MORE, THE AMOUNT OF SUCH TAXES SHALL BE NO MORE THAN FIVE PER  CENTUM
 OF THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE PROJECT.  NOTWITH-
 STANDING  ANYTHING  TO  THE  CONTRARY  CONTAINED  IN  THIS  ARTICLE, FOR
 PROJECTS LOCATED IN A CITY OF A POPULATION OF ONE MILLION OR  MORE,  THE
 COMMISSIONER  OR  THE  SUPERVISING  AGENCY,  AS  THE  CASE MAY BE, SHALL
 PROMULGATE RULES AND REGULATIONS TO PROVIDE THAT ANY  SAVINGS  THAT  ARE
 GENERATED  BY  A  REDUCTION  IN  LOCAL  AND MUNICIPAL TAXES FROM TEN PER
 CENTUM TO FIVE PER CENTUM OF THE ANNUAL SHELTER RENT OR CARRYING CHARGES
 IN ACCORDANCE WITH THIS PARAGRAPH, ARE UTILIZED TO IMPROVE THE FINANCIAL
 CONDITION OF SUCH LIMITED-PROFIT HOUSING COMPANY AND THE PHYSICAL CONDI-
 TION OF SUCH PROJECT. FOR PURPOSES OF THE PRECEDING SENTENCE,  "SAVINGS"
 MEANS,  FOR  ANY  TAXABLE  YEAR, THE AMOUNT OF LOCAL AND MUNICIPAL TAXES
 PAID BY A LIMITED-PROFIT HOUSING COMPANY FOR THE TAXABLE YEAR ENDING  ON
 OR  BEFORE  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-FOUR LESS THE
 AMOUNT OF LOCAL AND MUNICIPAL TAXES PAID BY SUCH COMPANY IN SUCH TAXABLE
 YEAR.  UPON THE CONSENT OF THE LOCAL LEGISLATIVE  BODY  OF  THE  MUNICI-
 PALITY,  OTHER  THAN A CITY WITH A POPULATION OF ONE MILLION OR MORE, IN
 WHICH THE PROJECT IS LOCATED, THE AMOUNT OF SUCH TAXES  MAY  BE  FURTHER
 REDUCED  TO FIVE PER CENTUM OR LESS OF THE ANNUAL SHELTER RENT OR CARRY-
 ING CHARGES OF THE PROJECT. ANY  SUCH  GRANTED  CONSENT  TO  REDUCE  THE
 AMOUNT OF SUCH TAXES SHALL EXPIRE EVERY TEN YEARS. IF SUCH AUTHORIZATION
 IS  NOT  RENEWED,  THE RATE OF TAXATION SHALL REVERT TO THE LEVEL ESTAB-
 LISHED BEFORE THE CONSENT WAS GRANTED. The tax exemption  shall  operate
 and  continue so long as the mortgage loans of such limited profit hous-
 ing company, including any additional  mortgage  loan  the  proceeds  of
 which  are  used  primarily  for the residential portion of the project,
 which additional loan is approved by the commissioner or the supervising
 agency, are outstanding and the project is continued to be operated as a
 S. 3006--B                         58
 
 limited-profit housing project. If a state urban development corporation
 project qualifying for tax exemption pursuant to this paragraph is sold,
 with the approval of the commissioner, to another limited-profit housing
 company, such successor company shall be entitled to all the benefits of
 this paragraph. In the event that such sale is to a company incorporated
 pursuant  to  the  not-for-profit corporation law and this article, such
 successor company shall be entitled to  all  the  benefits  provided  by
 section four hundred twenty-two of the real property tax law.
   § 3. Paragraph (d) of subdivision 1 of section 33 of the private hous-
 ing  finance  law,  as  amended  by  chapter 744 of the laws of 1977, is
 amended to read as follows:
   (d) Notwithstanding the provisions of paragraphs (a) and (b)  of  this
 subdivision, when a project is financed with a mortgage loan pursuant to
 this article or article three of this chapter and (i) there is a partic-
 ipation,  new  loan  or investment pursuant to section twenty-three-b of
 this article or (ii) such mortgage loan is assigned, modified or  satis-
 fied  pursuant  to section twenty-three-a or forty-four-b or subdivision
 twenty-two-a of section six hundred fifty-four of this chapter, the real
 property of the project shall be exempt from  all  local  and  municipal
 taxes,  other  than assessments for local improvements, to the extent of
 the value of the real property included in such project which represents
 an increase over the assessed valuation of the real property, both  land
 and  improvements,  acquired for the project on the date of its original
 acquisition for the project by the original mortgagor under  a  mortgage
 loan pursuant to this article or article three of this chapter, provided
 that  the  amount  of  taxes to be paid on the project shall not be less
 than ten per centum of the annual shelter rent or  carrying  charges  of
 such  project,  as  defined in paragraph (a) of this subdivision, EXCEPT
 THAT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE  AMOUNT  OF
 SUCH  TAXES  SHALL BE NO MORE THAN FIVE PER CENTUM OF THE ANNUAL SHELTER
 RENT OR CARRYING CHARGES OF THE PROJECT.   NOTWITHSTANDING  ANYTHING  TO
 THE  CONTRARY  CONTAINED IN THIS ARTICLE, FOR PROJECTS LOCATED IN A CITY
 OF A POPULATION OF ONE MILLION OR MORE, THE COMMISSIONER OR  THE  SUPER-
 VISING  AGENCY,  AS  THE  CASE  MAY BE, SHALL PROMULGATE RULES AND REGU-
 LATIONS TO PROVIDE THAT ANY SAVINGS THAT ARE GENERATED BY A REDUCTION IN
 LOCAL AND MUNICIPAL TAXES FROM TEN PER CENTUM TO FIVE PER CENTUM OF  THE
 ANNUAL  SHELTER  RENT  OR CARRYING CHARGES IN ACCORDANCE WITH THIS PARA-
 GRAPH, ARE UTILIZED TO IMPROVE THE FINANCIAL CONDITION OF  THE  LIMITED-
 PROFIT  HOUSING  COMPANY AND THE PHYSICAL CONDITION OF SUCH PROJECT. FOR
 PURPOSES OF THE PRECEDING SENTENCE, "SAVINGS"  MEANS,  FOR  ANY  TAXABLE
 YEAR,  THE  AMOUNT OF LOCAL AND MUNICIPAL TAXES PAID BY A LIMITED-PROFIT
 HOUSING COMPANY FOR THE TAXABLE YEAR ENDING ON OR BEFORE DECEMBER  THIR-
 TY-FIRST,  TWO THOUSAND TWENTY-FOUR LESS THE AMOUNT OF LOCAL AND MUNICI-
 PAL TAXES PAID BY SUCH COMPANY IN SUCH TAXABLE YEAR.   UPON THE  CONSENT
 OF  THE  LOCAL  LEGISLATIVE  BODY OF THE MUNICIPALITY, OTHER THAN A CITY
 WITH A POPULATION OF ONE MILLION  OR  MORE,  IN  WHICH  THE  PROJECT  IS
 LOCATED,  THE  AMOUNT  OF  SUCH TAXES MAY BE FURTHER REDUCED TO FIVE PER
 CENTUM OR LESS OF THE ANNUAL SHELTER RENT OR  CARRYING  CHARGES  OF  THE
 PROJECT.  ANY  SUCH  GRANTED  CONSENT TO REDUCE THE AMOUNT OF SUCH TAXES
 SHALL EXPIRE EVERY TEN YEARS. IF SUCH AUTHORIZATION IS NOT RENEWED,  THE
 RATE  OF  TAXATION  SHALL  REVERT  TO  THE  LEVEL ESTABLISHED BEFORE THE
 CONSENT WAS GRANTED. Such tax exemption shall commence in each  instance
 from  the date when the project becomes subject to a mortgage insured by
 the federal government and shall operate and continue so long as a mort-
 gage on such project is insured or held by the federal government or  so
 long  as the project is thereafter owned by the federal government or so
 S. 3006--B                         59
 
 long as any residual indebtedness is outstanding, whichever  is  longer.
 When  there  is  a  participation,  new  loan  or investment pursuant to
 section twenty-three-b of this article, such participation, new loan  or
 investment  shall  be deemed to be the equivalent of a federally insured
 mortgage for purposes of this paragraph. Nothing contained in this para-
 graph shall be construed to  limit  or  otherwise  impair  the  benefits
 available  to  any company eligible for exemption from taxation pursuant
 to section thirty-one or section thirty-six-a of this  article,  section
 four  hundred  twenty-two  or  section four hundred sixty-seven-c of the
 real property tax law, or section fifty-eight of the public housing law.
 The foregoing shall not be deemed to authorize any  company  to  receive
 the  benefits  of  any  exemption  from taxation in contravention of the
 provisions of section two of article eighteen of the constitution.
   § 4. Subdivision 4 of section 33 of the private housing  finance  law,
 as  amended  by  chapter  229 of the laws of 1989, is amended to read as
 follows:
   4. Notwithstanding the provisions of subdivision one  hereof,  when  a
 mutual  company is organized under this article to facilitate the acqui-
 sition of a building by residents  thereof,  the  amount  of  local  and
 municipal  taxes,  other  than assessments for local improvements, to be
 paid on the real property  included  in  such  project,  both  land  and
 improvements,  shall  not exceed twenty per centum of the annual shelter
 rent or carrying charges of such project, as defined in paragraph (a) of
 subdivision one hereof; provided, however, that where  such  acquisition
 of  a  building by residents thereof involves the financing of rehabili-
 tation or other improvement as well as acquisition, upon the consent  of
 the  local  legislative body of the municipality in which the project is
 located the amount of such taxes may be further  reduced  provided  that
 such  amount shall not be less than ten per centum of the annual shelter
 rent or carrying charges of the project, as defined in paragraph (a)  of
 subdivision  one  hereof;  or the company may in lieu of requesting such
 consent apply for the benefits of the local law, if any, enacted  pursu-
 ant  to  section  four hundred eighty-nine of the real property tax law.
 NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, IN A CITY  WITH
 A  POPULATION  OF ONE MILLION OR MORE, THE AMOUNT OF SUCH TAXES SHALL BE
 NO MORE THAN FIVE PER CENTUM OF THE  ANNUAL  SHELTER  RENT  OR  CARRYING
 CHARGES  OF  THE  PROJECT.    NOTWITHSTANDING  ANYTHING  TO THE CONTRARY
 CONTAINED IN THIS ARTICLE, FOR PROJECTS LOCATED IN A  CITY  OF  A  POPU-
 LATION OF ONE MILLION OR MORE, THE COMMISSIONER OR THE SUPERVISING AGEN-
 CY,  AS  THE  CASE  MAY  BE,  SHALL  PROMULGATE RULES AND REGULATIONS TO
 PROVIDE THAT ANY SAVINGS THAT ARE GENERATED BY A REDUCTION IN LOCAL  AND
 MUNICIPAL  TAXES  FROM  TEN  PER CENTUM TO FIVE PER CENTUM OF THE ANNUAL
 SHELTER RENT OR CARRYING CHARGES IN ACCORDANCE WITH THIS PARAGRAPH,  ARE
 UTILIZED  TO IMPROVE THE FINANCIAL CONDITION OF THE LIMITED-PROFIT HOUS-
 ING COMPANY AND THE PHYSICAL CONDITION OF SUCH PROJECT. FOR PURPOSES  OF
 THE  PRECEDING  SENTENCE,  "SAVINGS"  MEANS,  FOR  ANY TAXABLE YEAR, THE
 AMOUNT OF LOCAL AND MUNICIPAL TAXES PAID  BY  A  LIMITED-PROFIT  HOUSING
 COMPANY  FOR THE TAXABLE YEAR ENDING ON OR BEFORE DECEMBER THIRTY-FIRST,
 TWO THOUSAND TWENTY-FOUR LESS THE AMOUNT OF LOCAL  AND  MUNICIPAL  TAXES
 PAID  BY  SUCH  COMPANY  IN SUCH TAXABLE YEAR.   UPON THE CONSENT OF THE
 LOCAL LEGISLATIVE BODY OF THE MUNICIPALITY, OTHER THAN  A  CITY  WITH  A
 POPULATION  OF ONE MILLION OR MORE, IN WHICH THE PROJECT IS LOCATED, THE
 AMOUNT OF SUCH TAXES MAY BE FURTHER REDUCED TO FIVE PER CENTUM  OR  LESS
 OF  THE ANNUAL SHELTER RENT OR CARRYING CHARGES OF THE PROJECT. ANY SUCH
 GRANTED CONSENT TO REDUCE THE AMOUNT OF SUCH TAXES  SHALL  EXPIRE  EVERY
 TEN  YEARS.  IF  SUCH AUTHORIZATION IS NOT RENEWED, THE RATE OF TAXATION
 S. 3006--B                         60
 
 SHALL REVERT TO THE LEVEL ESTABLISHED BEFORE THE  CONSENT  WAS  GRANTED.
 Such tax exemption, if any, granted pursuant to this article shall oper-
 ate and continue so long as a loan made under this article or any subse-
 quent  loan  approved  by  the commissioner or the supervising agency to
 enhance the residential portion  of  the  project  and  the  project  is
 continued  to  be operated for the purposes set forth in this article is
 outstanding.
   § 5. This act shall take effect immediately.

                                  PART M
 
   Section 1. The section heading of section 485-r of the  real  property
 tax law, as added by chapter 406 of the laws of 2015, is amended to read
 as follows:
   Residential   redevelopment  inhibited  property  exemption[;  certain
 cities].
   § 2. Subdivision 1 of section 485-r of the real property tax  law,  as
 added by chapter 406 of the laws of 2015 and paragraph (f) as amended by
 chapter 28 of the laws of 2016, is amended to read as follows:
   1. As used in this section, the following terms shall have the follow-
 ing meanings:
   (a)  "Redevelopment inhibited property" shall mean a residential prop-
 erty that has been neglected or abandoned because of the local  economic
 conditions  and/or conditions on the property that inhibit such property
 from being redeveloped by the private sector AS DESCRIBED IN SUBDIVISION
 THREE OF  THIS  SECTION.  Redevelopment  inhibited  property  shall  not
 include land that is undeveloped.
   (b)  "Gap financing costs" shall mean the total cost of the property's
 redevelopment as approved by  the  city,  TOWN,  OR  VILLAGE  minus  the
 increase  in  the  full valuation of the property upon completion of the
 redevelopment.
   (c) "Base assessment" shall mean the assessed value of the property on
 the day the city, TOWN, OR VILLAGE designates the property as redevelop-
 ment inhibited.
   (d) "Increased assessment" shall mean the assessed value of the  prop-
 erty as determined by the assessor upon completion of the redevelopment.
   (e)  "Incremental  increase  in  annual property taxes" shall mean the
 taxes based on the increased assessment minus the  taxes  based  on  the
 base assessment.
   [(f)  "City"  shall  mean  a  city  with a population of not less than
 fifteen thousand two hundred fifty and not more  than  fifteen  thousand
 five hundred as determined by the latest federal decennial census.]
   §  3.  Subdivision 2 of section 485-r of the real property tax law, as
 added by chapter 406 of the laws of 2015, is amended to read as follows:
   2. A city, TOWN, OR  VILLAGE  may,  by  local  law,  provide  for  the
 exemption  of  real  property from taxation as provided in this section.
 Subsequent to the adoption of such local law, the county in  which  such
 city,  TOWN,  OR  VILLAGE  is  located may after a public hearing and by
 local law, and any school district, all or part of which is  located  in
 such  city,  TOWN,  OR VILLAGE, may, by resolution, exempt such property
 from its taxation in the same manner and to the same extent as the city,
 TOWN, OR VILLAGE has done.
   § 4. Subdivision 3 of section 485-r of the real property tax  law,  as
 added by chapter 406 of the laws of 2015, is amended to read as follows:
   3.  A LOCAL LAW ADOPTED BY A city, TOWN, OR VILLAGE PURSUANT TO SUBDI-
 VISION TWO OF THIS SECTION shall designate  any  property  within  [the]
 S. 3006--B                         61
 
 SUCH  city,  TOWN,  OR VILLAGE'S boundaries as a redevelopment inhibited
 property if one or more of the following are met:
   (a)  the  city,  TOWN,  OR  VILLAGE has acquired title to the property
 pursuant  to  article  nineteen-A  of  the  real  property  actions  and
 proceedings law; or
   (b) the property has been continuously vacant for a period of at least
 three years; or
   (c) the COUNTY, city, TOWN OR VILLAGE IN WHICH THE PROPERTY IS LOCATED
 has  acquired  title  to  the  property via foreclosure for unpaid taxes
 pursuant to article eleven of this chapter; or
   (d) the property has outstanding  zoning,  housing,  or  uniform  code
 violations  and the cost of remedying the violations exceeds the proper-
 ty's value.
   § 5. Subdivision 4 of section 485-r of the real property tax  law,  as
 added by chapter 406 of the laws of 2015, is amended to read as follows:
   4.  (a)  Upon  the adoption of such local law, redevelopment inhibited
 property shall be exempt from taxation and special ad valorem levies  to
 the  extent  of any increase in value attributable to demolition, alter-
 ation, rehabilitation, or remediation pursuant to the following require-
 ments:
   (i) the demolition, alterations,  rehabilitation,  and/or  remediation
 shall  be permitted by the [city's] APPLICABLE bureau of inspection such
 that building or plumbing permits issued  and  said  demolition,  alter-
 ations,  rehabilitation, and/or remediation shall have met all necessary
 approvals per the applicable New York state uniform fire prevention  and
 building  code,  the [city's] APPLICABLE municipal code and the [city's]
 APPLICABLE bureau of inspection upon completion; and
   (ii) the property for which the  exemption  is  sought  shall  be  [an
 owner-occupied  one-family  residence]  A ONE TO FOUR-UNIT RESIDENCE AND
 OCCUPIED AS THE PRIMARY RESIDENCE OF THE OWNER OR A TENANT; and
   (iii) the owner of such property shall file annually an  affidavit  of
 residency  with  the assessor of the city, TOWN, OR VILLAGE on or before
 the appropriate taxable status date [of such city], confirming continued
 [owner-occupancy] OCCUPANCY of the property BY THE OWNER OR A TENANT  AS
 THEIR PRIMARY RESIDENCE; and
   (iv)  the redevelopment inhibited property is exempt from taxation and
 special ad valorem levies attributable to the increased assessment minus
 the taxes and special ad valorem levies imposed on the base  assessment.
 Such exemption shall not apply to special assessments.
   (b)  In  the  event the property granted an exemption pursuant to this
 section ceases to be [owner-]occupied AS THE PRIMARY  RESIDENCE  OF  THE
 OWNER  OR TENANT and/or the affidavit of residency is not filed annually
 for the approved exemption period, the  exemption  granted  pursuant  to
 this section shall cease.
   (c)  In  the  event the property granted an exemption pursuant to this
 section ceases to be a  [one-family]  ONE  TO  FOUR-UNIT  dwelling,  the
 exemption granted pursuant to this section shall cease.
   (d) In the event the owner of the property is convicted of a violation
 or  misdemeanor  pursuant  to New York state uniform fire prevention and
 building code or the [city's] APPLICABLE municipal code,  the  exemption
 granted pursuant to this section shall cease.
   §  6.  Subdivision 6 of section 485-r of the real property tax law, as
 added by chapter 406 of the laws of 2015, is amended to read as follows:
   6. (a) Such exemption shall be granted only upon  application  by  the
 owner of such building for the residential redevelopment inhibited prop-
 erty exemption, on a form prescribed by the city, TOWN, OR VILLAGE. Such
 S. 3006--B                         62
 
 application  must  be  filed  with  the  assessor  of the city, TOWN, OR
 VILLAGE on or before the appropriate taxable status date [of such city].
 The application must be filed with the assessor of the  city,  TOWN,  OR
 VILLAGE  within  three years from the date of completing the demolition,
 alterations, rehabilitation, and/or remediation.
   (b) The owner filing for such exemption shall not be  required  to  be
 the  owner responsible for completing the demolition, alterations, reha-
 bilitation, and/or remediation.
   (c) If the assessor is satisfied that the applicant is entitled to  an
 exemption  pursuant  to  this  section,  [he or she] SUCH ASSESSOR shall
 approve the application and  such  real  property  shall  thereafter  be
 exempt from taxation and special ad valorem levies by the city, TOWN, OR
 VILLAGE  commencing  with the assessment roll prepared after the taxable
 status date referred to in this subdivision. The assessed value  of  any
 exemption  granted  pursuant  to  this  section  shall be entered by the
 assessor of the city, TOWN, OR VILLAGE on the assessment roll  with  the
 taxable  property,  with the amount of the exemption shown in a separate
 column.
   (d) Once granted, the  residential  redevelopment  inhibited  property
 exemption  runs  with the land for the exemption period pursuant to this
 section.
   § 7. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
                                  PART N
 
   Section  1.  Notwithstanding  any  other provision of law, the housing
 trust fund corporation may provide, for  purposes  of  the  neighborhood
 preservation  program,  a  sum  not to exceed $18,800,000 for the fiscal
 year ending March 31, 2026.  Within this total amount, $250,000 shall be
 used for the purpose of entering into a contract with  the  neighborhood
 preservation  coalition  to provide technical assistance and services to
 companies funded pursuant to article 16 of the private  housing  finance
 law.    Notwithstanding  any  other provision of law, and subject to the
 approval of the New York state director of  the  budget,  the  board  of
 directors  of  the state of New York mortgage agency shall authorize the
 transfer to the housing trust fund  corporation,  for  the  purposes  of
 reimbursing  any costs associated with neighborhood preservation program
 contracts authorized  by  this  section,  a  total  sum  not  to  exceed
 $18,800,000,  such  transfer  to be made from (i) the special account of
 the mortgage insurance fund created pursuant to section  2429-b  of  the
 public  authorities  law,  in  an amount not to exceed the actual excess
 balance in the special account of the mortgage insurance fund, as deter-
 mined and certified by the state of New York  mortgage  agency  for  the
 fiscal  year  2024-2025  in accordance with section 2429-b of the public
 authorities law, if any, and/or (ii) provided that the reserves  in  the
 project  pool  insurance  account of the mortgage insurance fund created
 pursuant to section 2429-b of the public authorities law are  sufficient
 to  attain and maintain the credit rating (as determined by the state of
 New York mortgage agency) required to accomplish the  purposes  of  such
 account,  the  project  pool insurance account of the mortgage insurance
 fund, such transfer to be made as soon as practicable but no later  than
 June 30, 2025.
   §  2.  Notwithstanding  any  other provision of law, the housing trust
 fund corporation may provide, for purposes  of  the  rural  preservation
 program, a sum not to exceed $8,050,000 for the fiscal year ending March
 S. 3006--B                         63

 31,  2026.    Within  this  total amount, $250,000 shall be used for the
 purpose of entering into a contract with the rural housing coalition  to
 provide  technical  assistance and services to companies funded pursuant
 to  article  17  of the private housing finance law. Notwithstanding any
 other provision of law, and subject to the  approval  of  the  New  York
 state director of the budget, the board of directors of the state of New
 York  mortgage  agency shall authorize the transfer to the housing trust
 fund corporation, for the purposes of reimbursing any  costs  associated
 with  rural preservation program contracts authorized by this section, a
 total sum not to exceed $8,050,000, such transfer to be  made  from  (i)
 the  special  account of the mortgage insurance fund created pursuant to
 section 2429-b of the public authorities law, in an amount not to exceed
 the actual excess balance in the special account of the mortgage  insur-
 ance fund, as determined and certified by the state of New York mortgage
 agency  for  the fiscal year 2024-2025 in accordance with section 2429-b
 of the public authorities law, if any, and/or  (ii)  provided  that  the
 reserves in the project pool insurance account of the mortgage insurance
 fund  created  pursuant  to section 2429-b of the public authorities law
 are sufficient to attain and maintain the credit rating  (as  determined
 by  the  state  of  New York mortgage agency) required to accomplish the
 purposes of such account, the project  pool  insurance  account  of  the
 mortgage insurance fund, such transfer to be made as soon as practicable
 but no later than June 30, 2025.
   §  3.  Notwithstanding  any  other provision of law, the housing trust
 fund corporation may provide, for purposes of the rural  rental  assist-
 ance  program  pursuant  to  article 17-A of the private housing finance
 law, a sum not to exceed $23,455,000 for the fiscal  year  ending  March
 31,  2026.    Notwithstanding any other provision of law, and subject to
 the approval of the New York state director of the budget, the board  of
 directors  of  the state of New York mortgage agency shall authorize the
 transfer to the housing trust fund  corporation,  for  the  purposes  of
 reimbursing  any  costs  associated with rural rental assistance program
 contracts authorized  by  this  section,  a  total  sum  not  to  exceed
 $23,455,000,  such  transfer  to be made from (i) the special account of
 the mortgage insurance fund created pursuant to section  2429-b  of  the
 public  authorities  law,  in  an amount not to exceed the actual excess
 balance in the special account of the mortgage insurance fund, as deter-
 mined and certified by the state of New York  mortgage  agency  for  the
 fiscal  year  2024-2025  in accordance with section 2429-b of the public
 authorities law, if any, and/or (ii) provided that the reserves  in  the
 project  pool  insurance  account of the mortgage insurance fund created
 pursuant to section 2429-b of the public authorities law are  sufficient
 to  attain and maintain the credit rating, as determined by the state of
 New York mortgage agency, required to accomplish the  purposes  of  such
 account,  the  project  pool insurance account of the mortgage insurance
 fund, such transfer shall be made as soon as practicable  but  no  later
 than June 30, 2025.
   §  4. Notwithstanding any other provision of law, the homeless housing
 and assistance corporation may provide, for purposes  of  the  New  York
 state  supportive  housing  program,  the  solutions to end homelessness
 program or the operational support for AIDS housing program, or to qual-
 ified grantees under such programs, in accordance with the  requirements
 of  such  programs,  a sum not to exceed $56,381,000 for the fiscal year
 ending March 31, 2026. The homeless housing and  assistance  corporation
 may  enter into an agreement with the office of temporary and disability
 assistance to administer such sum in accordance with the requirements of
 S. 3006--B                         64
 
 such programs. Notwithstanding any other provision of law,  and  subject
 to  the approval of the New York state director of the budget, the board
 of directors of the state of New York mortgage  agency  shall  authorize
 the transfer to the homeless housing and assistance corporation, a total
 sum  not  to  exceed  $56,381,000, such transfer to be made from (i) the
 special account of the  mortgage  insurance  fund  created  pursuant  to
 section 2429-b of the public authorities law, in an amount not to exceed
 the  actual excess balance in the special account of the mortgage insur-
 ance fund, as determined and certified by the state of New York mortgage
 agency for the fiscal year 2024-2025 in accordance with  section  2429-b
 of  the  public  authorities  law, if any, and/or (ii) provided that the
 reserves in the project pool insurance account of the mortgage insurance
 fund created pursuant to section 2429-b of the  public  authorities  law
 are sufficient to attain and maintain the credit rating as determined by
 the  state  of  New  York  mortgage  agency,  required to accomplish the
 purposes of such account, the project  pool  insurance  account  of  the
 mortgage  insurance fund, such transfer shall be made as soon as practi-
 cable but no later than March 31, 2026.
   § 5. This act shall take effect immediately.
 
                                  PART O
 
   Section 1. Section 3 of part N of chapter 56  of  the  laws  of  2020,
 amending the social services law relating to restructuring financing for
 residential  school  placements,  as  amended  by section 1 of part G of
 chapter 56 of the laws of 2024, is amended to read as follows:
   § 3. This act shall take effect immediately [and shall expire  and  be
 deemed  repealed April 1, 2025]; provided however that the amendments to
 subdivision 10 of section 153 of the social services law made by section
 one of this act, shall not affect the expiration of such subdivision and
 shall be deemed to expire therewith.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2025.
 
                                  PART P
 
   Section  1. The social services law is amended by adding a new section
 390-n to read as follows:
   § 390-N. CHILD CARE SUBSTITUTE POOL.  1. DEFINITIONS. FOR THE PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "CHILD CARE SUBSTITUTE POOL" SHALL MEAN A PROGRAM IMPLEMENTED  AND
 MANAGED  BY THE EARLY CARE AND LEARNING COUNCIL FOR THE PURPOSE OF PLAC-
 ING INDIVIDUALS AS SUBSTITUTE CAREGIVERS  AT  CHILD  DAY  CARE  CENTERS,
 GROUP  FAMILY DAY CARE HOMES, FAMILY DAY CARE HOMES, OR SCHOOL AGE CHILD
 CARE PROGRAMS AS DEFINED IN SECTION THREE HUNDRED NINETY OF  THIS  TITLE
 FOR THE PURPOSE OF PROVIDING CHILD DAY CARE.
   (B)  "CHILD CARE RESOURCE AND REFERRAL" SHALL HAVE THE SAME MEANING AS
 SUBDIVISION TWO OF SECTION FOUR HUNDRED TEN-P OF THIS ARTICLE.
   (C) "SUBSTITUTE CAREGIVER" SHALL MEAN  AN  INDIVIDUAL  WHO  MEETS  ALL
 REQUIREMENTS  PURSUANT  TO  THIS SECTION TO PROVIDE TEMPORARY OR INTERIM
 CARE AT ANY CHILD DAY CARE CENTERS, GROUP FAMILY HOMES, FAMILY DAY  CARE
 HOMES,  OR  SCHOOL  AGE CHILD CARE PROGRAMS WHICH ELECT TO UTILIZE CHILD
 CARE SUBSTITUTE POOLS.
   (D) "CHILD DAY CARE CENTERS, GROUP FAMILY DAY CARE HOMES,  FAMILY  DAY
 CARE  HOMES,  AND  SCHOOL  AGE  CHILD CARE PROGRAMS" SHALL HAVE THE SAME
 MEANING AS SECTION THREE HUNDRED NINETY OF THIS TITLE.
 S. 3006--B                         65
 
   2. THE OFFICE OF CHILDREN AND FAMILY SERVICES  SHALL  BE  REQUIRED  TO
 MONITOR  AND  REGULATE  CHILD  CARE  SUBSTITUTE  POOLS AND MAY ISSUE ANY
 RULES, REGULATIONS, AND/OR GUIDANCE NECESSARY TO EFFECTUATE  THE  IMPLE-
 MENTATION AND ADMINISTRATION OF THIS SECTION.
   3.(A)  CHILD  CARE  SUBSTITUTE  POOLS SHALL BE LOCATED WITHIN NEW YORK
 STATE AT LOCATIONS APPROVED IN CONSULTATION WITH THE OFFICE OF  CHILDREN
 AND FAMILY SERVICES. SUCH CHILD CARE SUBSTITUTE POOLS SHALL MAKE EFFORTS
 TO PROVIDE SERVICES THROUGHOUT THE STATE IN VARIED GEOGRAPHIC LOCATIONS.
   (B)  EACH CHILD CARE SUBSTITUTE POOL SHALL BE RESPONSIBLE FOR RECRUIT-
 MENT, TRAINING, AND CLEARANCE AND/OR  BACKGROUND  CHECKS  OF  SUBSTITUTE
 CAREGIVERS.
   (C)  ALL SUBSTITUTE CAREGIVERS MUST MEET BACKGROUND CHECK REQUIREMENTS
 SET FORTH IN SUBDIVISION FIVE OF THIS SECTION.
   4. (A) SUBJECT TO APPROPRIATION, A CHILD CARE SUBSTITUTE POOL SHALL BE
 AUTHORIZED TO UTILIZE CHILD CARE RESOURCE AND REFERRAL AGENCIES FOR  THE
 PURPOSES  OF  IMPLEMENTATION  AND ADMINISTRATION, IN FULL OR IN PART, OF
 OVERSIGHT, APPROVAL, PLACEMENT, AND OPERATION OF PLACEMENT OF SUBSTITUTE
 CAREGIVERS AT CHILD DAY CARE CENTERS, GROUP FAMILY DAY CARE HOMES, FAMI-
 LY DAY CARE HOMES, OR SCHOOL AGE CHILD CARE PROGRAMS FOR THE PURPOSE  OF
 PROVIDING CHILD CARE.
   (B)  ANY  CHILD  DAY CARE CENTERS, GROUP FAMILY DAY CARE HOMES, FAMILY
 DAY CARE HOMES, OR SCHOOL AGE CHILD CARE PROGRAMS WHICH ARE  REGISTERED,
 CERTIFIED  AND/OR LICENSED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES
 MAY ELECT TO UTILIZE CAREGIVERS PROVIDED BY AND  THROUGH  A  CHILD  CARE
 SUBSTITUTE  POOL  PURSUANT  TO  THE  SECTION  IN ACCORDANCE WITH PROGRAM
 REQUIREMENTS SET BY SUCH CHILD CARE SUBSTITUTE POOL.
   5. PRIOR TO PLACING AN INDIVIDUAL AS A SUBSTITUTE CAREGIVER AT A CHILD
 DAY CARE CENTER, GROUP FAMILY DAY CARE HOME, FAMILY DAY  CARE  HOME,  OR
 SCHOOL AGE CHILD CARE PROGRAM AS DEFINED IN SECTION THREE HUNDRED NINETY
 OF  THIS TITLE FOR THE PURPOSE OF PROVIDING CHILD DAY CARE, A CHILD CARE
 SUPPORT CENTER SHALL VERIFY THAT THE SUBSTITUTE CAREGIVER  HAS  MET  THE
 FOLLOWING:
   (A)  STANDARDS  AND  TRAINING  REQUIREMENTS SET FORTH IN SECTION THREE
 HUNDRED NINETY-A OF THIS TITLE FOR CHILD DAY CARE PROGRAM EMPLOYEES;
   (B) CRIMINAL HISTORY REVIEW AND BACKGROUND CLEARANCE  REQUIREMENTS  OF
 SECTION  THREE  HUNDRED NINETY-B OF THIS TITLE FOR PROSPECTIVE EMPLOYEES
 OF A CHILD DAY CARE PROGRAM; AND
   (C) ANY OTHER REQUIREMENTS  ESTABLISHED  BY  THE  REGULATIONS  OF  THE
 OFFICE OF CHILDREN AND FAMILY SERVICES.
   6.  THE  OFFICE OF CHILDREN AND FAMILY SERVICES MAY REVOKE THE ABILITY
 OF A CHILD CARE SUBSTITUTE POOL TO PLACE SUBSTITUTE  CAREGIVERS  AT  ANY
 CHILD  DAY  CARE  CENTERS,  GROUP FAMILY DAY CARE HOMES, FAMILY DAY CARE
 HOMES, OR SCHOOL AGE CHILD CARE PROGRAMS AS  DEFINED  IN  SECTION  THREE
 HUNDRED  NINETY  OF  THIS TITLE UPON A DETERMINATION THAT THE CHILD CARE
 SUBSTITUTE POOL HAS NOT OPERATED IN ACCORDANCE WITH APPLICABLE STATE  OR
 FEDERAL LAW.
   7.  IN  CONSULTATION  WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES,
 CHILD CARE SUBSTITUTE POOLS MAY UTILIZE  TECHNOLOGY  SERVICES,  APPLICA-
 TIONS, AND/OR SOFTWARE FOR PURPOSES INCLUDING, BUT NOT LIMITED TO, COOR-
 DINATION AND MANAGEMENT OF SUBSTITUTE CAREGIVERS.
   §  2.  Section 390-b of the social services law is amended by adding a
 new subdivision 12 to read as follows:
   12. A CHILD CARE  SUPPORT  SUBSTITUTE  POOL  ESTABLISHED  PURSUANT  TO
 SECTION  THREE  HUNDRED  NINETY-N  OF  THIS TITLE SHALL BE AUTHORIZED TO
 REQUEST CLEARANCES FOR SUBSTITUTE CAREGIVERS  IN  ACCORDANCE  WITH  THIS
 SECTION.  SUBSTITUTE CAREGIVERS SHALL BE CONSIDERED "PROSPECTIVE EMPLOY-
 S. 3006--B                         66
 
 EES" OF A CHILD DAY CARE PROGRAM UNDER SUBPARAGRAPH (III)  OF  PARAGRAPH
 (A) OF SUBDIVISION TWO OF THIS SECTION.
   §  3. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment,  and/or  repeal  of
 any  rule  or regulation necessary for the implementation of this act on
 its effective date are authorized to be made and completed on or  before
 such effective date.
 
                                  PART Q
 
   Section 1. This act shall be known and may be cited as the "baby bucks
 allowance".
   § 2. Legislative findings and intent. The legislature hereby finds and
 declares  that child poverty in New York city and cities across New York
 state is shamefully high and will  likely  worsen  if  current  economic
 trends  continue.  Half  of the top six cities in the United States with
 the highest child poverty rates are in New York state, disproportionate-
 ly affecting communities and children of color. In New York city, nearly
 1 in 4 children live in poverty. In Rochester and Buffalo,  that  number
 is even higher: 1 in 2 children live in poverty.
   The  legislature hereby finds and declares that New Yorkers are unable
 to cover their basic necessities and support their families, particular-
 ly in the face of rising interest rates and inflation. Most notably, the
 cost of childcare, which already consumes a massive  portion  of  family
 income,  rose  41%  during the pandemic, and the total cost of raising a
 child through high school has risen to more than $300,000,  which  is  a
 $26,000  increase from five years ago and is likely to present a heavier
 burden for low-income parents and families for  whom  expenses  such  as
 food, housing, and gas comprise an even larger portion of their income.
   The  legislature  hereby  finds  and  declares  there  is overwhelming
 evidence that the  prenatal-to-three  and  early  childhood  development
 period  are  critical  for  a child's future prospects and affects their
 physical, mental, emotional and  social  outcomes  over  a  lifetime.  A
 program  targeting  infants in this formative phase would help break the
 intergenerational cycle of poverty rather than attempting to mitigate it
 later on, creating a positive impact  on  children's  lives  and  saving
 government funds down the road.
   The  legislature  hereby  finds  and  declares it is proven that unre-
 stricted cash is a direct and effective solution to alleviating  poverty
 and  meeting needs for families. This was shown on a national level with
 the overwhelming success of the expanded Child Tax Credit, which  lifted
 millions of children out of poverty with its monthly payments and led to
 a  41%  spike  in  child  poverty  the first month it expired. The unre-
 stricted cash intervention further  proved  how  an  investment  in  the
 earliest  days  of life can have multiplying effects: studies have found
 that a permanent expansion of the expanded Child Tax Credit  would  have
 generated  10  times  as  much  revenue as it cost.   New York state has
 recently made a commitment through the Child Poverty  Reduction  Act  in
 December  2021  to  reduce  child  poverty by 50% over the course of ten
 years, with the support of the Child Poverty Reduction Advisory Council,
 and there is an opportunity for unrestricted cash to support  this  goal
 and help the state reach its target.
   Therefore,  the  legislature  hereby  finds and declares that New York
 state has an opportunity and obligation to invest in its most vulnerable
 residents by leading the fight against childhood poverty, and toward  an
 S. 3006--B                         67
 
 equitable  economy  for  all,  through  a  guaranteed income program for
 infants.
   §  3.  Article 6 of the social services law is amended by adding a new
 title 4-C to read as follows:
                                  TITLE 4-C
                           BABY BUCKS ALLOWANCE
 SECTION 409-O. BABY BUCKS ALLOWANCE.
   § 409-O. BABY BUCKS ALLOWANCE. 1. WITHIN ONE  YEAR  OF  THE  EFFECTIVE
 DATE OF THIS SECTION, THE DEPARTMENT SHALL ESTABLISH A BABY BUCKS ALLOW-
 ANCE  PILOT  PROGRAM  TO SUPPORT LOW-INCOME FAMILIES FOR THREE MONTHS OF
 PREGNANCY AND EIGHTEEN MONTHS OF A  CHILD'S  LIFE.  SUCH  PILOT  PROGRAM
 SHALL BE IN EFFECT FOR TWENTY-ONE MONTHS.
   2.  (A)  THE  DEPARTMENT,  IN  COORDINATION WITH LOCAL SOCIAL SERVICES
 DISTRICTS, SHALL DEVELOP CRITERIA THAT LOCAL SOCIAL  SERVICES  DISTRICTS
 SHALL  USE  TO  SELECT A TOTAL OF FIFTEEN THOUSAND ELIGIBLE FAMILIES FOR
 PARTICIPATION IN THE PROGRAM.
   (B) ELIGIBLE INDIVIDUALS CHOSEN FOR PARTICIPATION IN THE PROGRAM SHALL
 RECEIVE A SUBSIDY OF ONE THOUSAND DOLLARS PER MONTH FOR THE  LAST  THREE
 MONTHS OF PREGNANCY AND THE FIRST NINE MONTHS OF A CHILD'S LIFE AND FIVE
 HUNDRED  DOLLARS  PER MONTH FOR THE LAST NINE MONTHS OF PARTICIPATION IN
 THE PROGRAM.
   (C) THE DEPARTMENT SHALL ALLOCATE THE NECESSARY FUNDS TO LOCAL  SOCIAL
 SERVICES DISTRICTS FOR SELECTED ELIGIBLE SELECTED PARTICIPANTS.
   (D)  MONTHLY  DISTRIBUTIONS  SHALL  BE  MADE  BY LOCAL SOCIAL SERVICES
 DISTRICTS ON THE FIRST OF EACH MONTH FOR THE DURATION OF THE PROGRAM  TO
 THE ELIGIBLE SELECTED PARTICIPANTS.
   3. ELIGIBLE PARTICIPANTS SHALL:
   (A)  HAVE  AN INCOME WHICH IS BELOW TWO HUNDRED PERCENT OF THE FEDERAL
 POVERTY LINE. SUCH INCOME SHALL  BE  PROVEN  BY  PROVIDING  ONE  OF  THE
 FOLLOWING:
   (I) A FILED TAX RETURN FROM THE PREVIOUS YEAR;
   (II)  A  LETTER  FROM AN EMPLOYER DOCUMENTING THE DATES OF WORK OF THE
 APPLICANT AND THE YEARLY PAY FROM THE EMPLOYER;
   (III) A W-2 OR 1099 FORM FROM THE PREVIOUS TAX YEAR; OR
   (IV) A WAGE NOTICE PROVIDED PURSUANT TO SECTION  ONE  HUNDRED  NINETY-
 FIVE  OF  THE  LABOR  LAW THAT DOCUMENTS EMPLOYMENT FOR A PERIOD OF TIME
 WITHIN SIX MONTHS PRIOR TO THE DATE THE APPLICANT  CERTIFIES  THAT  THEY
 BECAME ELIGIBLE;
   (B) PARTICIPATE IN MONTHLY SURVEYS PROVIDED BY THE DEPARTMENT; AND
   (C) MEET ANY OTHER CRITERIA DEEMED NECESSARY BY THE DEPARTMENT.
   4. OF THE FIFTEEN THOUSAND ELIGIBLE PARTICIPANTS:
   (A) TEN THOUSAND PARTICIPANTS SHALL RESIDE IN A CITY WITH A POPULATION
 OF ONE HUNDRED FORTY THOUSAND OR MORE; AND
   (B) FIVE THOUSAND PARTICIPANTS SHALL RESIDE IN A RURAL AREA AS DEFINED
 IN SECTION TWENTY-NINE HUNDRED FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   5.   THE  DEPARTMENT,  IN  COORDINATION  WITH  LOCAL  SOCIAL  SERVICES
 DISTRICTS, SHALL ASSIST ELIGIBLE PARTICIPANTS WITH ACCESS TO  RESOURCES,
 SUBSIDY  MANAGEMENT,  AND  ANYTHING ELSE DEEMED NECESSARY BY THE DEPART-
 MENT.
   6. THE DEPARTMENT AND LOCAL SOCIAL SERVICES DISTRICTS SHALL CONDUCT  A
 MONTHLY  SURVEY  TO  DETERMINE THE IMPACT OF THE PROGRAM. THE DEPARTMENT
 SHALL PREPARE AN INTERIM REPORT REGARDING THE FIRST TWELVE MONTHS OF THE
 PROGRAM WHICH SHALL BE COMPLETED BY THE EIGHTEENTH MONTH OF THE  PROGRAM
 AND  A  FINAL REPORT SHALL BE MADE NO LATER THAN TWELVE MONTHS AFTER THE
 COMPLETION OF THE TWENTY-ONE MONTH PROGRAM.
 S. 3006--B                         68
 
   § 4. Paragraph (a) of subdivision 8 of section  131-a  of  the  social
 services  law  is  amended by adding a new subparagraph (xiv) to read as
 follows:
   (XIV)  ANY  FINANCIAL ASSISTANCE RECEIVED BY INDIVIDUALS FROM THE BABY
 BUCKS ALLOWANCE. SUCH EXEMPTION AND DISREGARD SHALL  BE  APPLICABLE  FOR
 THE  LENGTH  OF  TIME THE INDIVIDUAL RECEIVES THE ALLOWANCE. THE COMMIS-
 SIONER SHALL SEEK FEDERAL WAIVER AUTHORITY TO DISREGARD THE INCOME  FROM
 THE  BABY  BUCKS ALLOWANCE FOR THE PURPOSE OF THE SUPPLEMENTAL NUTRITION
 ASSISTANCE PROGRAM.
   § 5. This act shall take effect immediately.
 
                                  PART R
 
   Section 1. Paragraphs (a), (b),  (c)  and  (d)  of  subdivision  1  of
 section  131-o  of  the  social services law, as amended by section 1 of
 part H of chapter 56 of the  laws  of  2024,  are  amended  to  read  as
 follows:
   (a)  in  the  case of each individual receiving family care, an amount
 equal to at least [$181.00] $186.00 for each month beginning on or after
 January first, two thousand [twenty-four] TWENTY-FIVE.
   (b) in the case of each  individual  receiving  residential  care,  an
 amount  equal  to at least [$208.00] $213.00 for each month beginning on
 or after January first, two thousand [twenty-four] TWENTY-FIVE.
   (c) in the case of  each  individual  receiving  enhanced  residential
 care,  an  amount  equal  to  at  least [$249.00] $255.00 for each month
 beginning on or after January first, two thousand [twenty-four]  TWENTY-
 FIVE.
   (d)  for  the  period  commencing January first, two thousand [twenty-
 five] TWENTY-SIX, the monthly  personal  needs  allowance  shall  be  an
 amount  equal  to  the sum of the amounts set forth in subparagraphs one
 and two of this paragraph:
   (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this
 subdivision; and
   (2)  the  amount  in subparagraph one of this paragraph, multiplied by
 the percentage of any  federal  supplemental  security  income  cost  of
 living adjustment which becomes effective on or after January first, two
 thousand  [twenty-five]  TWENTY-SIX,  but  prior  to June thirtieth, two
 thousand [twenty-five] TWENTY-SIX, rounded to the nearest whole dollar.
   § 2. Paragraphs (a), (b), (c), (d), (e) and (f) of  subdivision  2  of
 section  209 of the social services law, as amended by section 2 of part
 H of chapter 56 of the laws of 2024, are amended to read as follows:
   (a)  On  and  after  January   first,   two   thousand   [twenty-four]
 TWENTY-FIVE,  for  an  eligible  individual  living  alone,  [$1,030.00]
 $1,054.00;  and  for  an  eligible  couple  living  alone,   [$1,519.00]
 $1,554.00.
   (b)   On   and   after   January  first,  two  thousand  [twenty-four]
 TWENTY-FIVE, for an eligible individual living with others with or with-
 out in-kind income, [$966.00] $990.00; and for an eligible couple living
 with others with or without in-kind income, [$1,461.00] $1,496.00.
   (c)  On  and  after  January   first,   two   thousand   [twenty-four]
 TWENTY-FIVE,  (i)  for  an  eligible  individual  receiving family care,
 [$1,209.48] $1,233.48 if [he or she] SUCH INDIVIDUAL is  receiving  such
 care in the city of New York or the county of Nassau, Suffolk, Westches-
 ter  or  Rockland; and (ii) for an eligible couple receiving family care
 in the city of New York or the county of Nassau, Suffolk, Westchester or
 Rockland, two times the amount set forth in  subparagraph  (i)  of  this
 S. 3006--B                         69
 
 paragraph;  or  (iii)  for an eligible individual receiving such care in
 any other county in the state, [$1,171.48] $1,195.48; and  (iv)  for  an
 eligible  couple  receiving  such care in any other county in the state,
 two times the amount set forth in subparagraph (iii) of this paragraph.
   (d)   On   and   after   January  first,  two  thousand  [twenty-four]
 TWENTY-FIVE, (i) for an eligible individual receiving residential  care,
 [$1,378.00]  $1,402.00  if [he or she] SUCH INDIVIDUAL is receiving such
 care in the city of New York or the county of Nassau, Suffolk, Westches-
 ter or Rockland; and (ii) for an eligible couple  receiving  residential
 care in the city of New York or the county of Nassau, Suffolk, Westches-
 ter  or  Rockland, two times the amount set forth in subparagraph (i) of
 this paragraph; or (iii) for an eligible individual receiving such  care
 in any other county in the state, [$1,348.00] $1,372.00; and (iv) for an
 eligible  couple  receiving  such care in any other county in the state,
 two times the amount set forth in subparagraph (iii) of this paragraph.
   (e)  On  and  after  January   first,   two   thousand   [twenty-four]
 TWENTY-FIVE,  (i) for an eligible individual receiving enhanced residen-
 tial care, [$1,637.00]  $1,661.00;  and  (ii)  for  an  eligible  couple
 receiving  enhanced  residential care, two times the amount set forth in
 subparagraph (i) of this paragraph.
   (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
 vision shall be increased to reflect any increases  in  federal  supple-
 mental  security income benefits for individuals or couples which become
 effective on or after January first, two thousand [twenty-five]  TWENTY-
 SIX but prior to June thirtieth, two thousand [twenty-five] TWENTY-SIX.
   § 3. This act shall take effect December 31, 2025.
 
                                  PART S
 
   Section  1.  Section  4  of  part  W of chapter 54 of the laws of 2016
 amending the social services law relating to the powers and duties    of
 the  commissioner  of  social  services relating to the appointment of a
 temporary operator, as amended by section 1 of part T of chapter  56  of
 the laws of 2022, is amended to read as follows:
   §  4.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2016,  provided
 further  that  this  act  shall  expire and be deemed repealed March 31,
 [2025] 2028.
   § 2. This act shall take effect immediately.
 
                                  PART T
 
   Section 1. Article 19-D of the labor law, as added by  chapter  88  of
 the laws of 2021, is amended to read as follows:
 
                                ARTICLE 19-D
              MINIMUM WAGE RATES FOR COVERED AIRPORT WORKERS
 
   Section 696-a. Definitions.
         [696-b. Certification to the commissioner.
         696-c.] 696-B. Minimum wage rate for covered airport workers.
         [696-d.] 696-C. Commissioner's powers of investigation.
         [696-e.] 696-D. Records of employers.
         [696-f.] 696-E. Penalties.
         [696-g.] 696-F. Civil action.
         [696-h.] 696-G. Regulations.
 S. 3006--B                         70
 
         [696-i.] 696-H. Savings clause.
   § 696-a. Definitions.  As  used  in  this article: 1. "Covered airport
 location" means John F. Kennedy International Airport  [and],  LaGuardia
 Airport,  AND  STEWART  INTERNATIONAL  AIRPORT,  or any location used to
 perform [airline catering] work [as such work is described  in  subpara-
 graph  (iv) of paragraph (a) of subdivision two of this section] RELATED
 TO THE PREPARATION OR DELIVERY OF  FOOD  FOR  CONSUMPTION  ON  AIRPLANES
 DEPARTING FROM JOHN F. KENNEDY INTERNATIONAL AIRPORT, LAGUARDIA AIRPORT,
 OR STEWART INTERNATIONAL AIRPORT.
   2.  (a)  "Covered airport worker" means any person employed to perform
 work at a covered airport location [provided at least  one-half  of  the
 employee's  time  during  any workweek is performed at a covered airport
 location and who works in one of the following covered categories:
   (i) Cleaning and related services, which shall mean:
   (1) building cleaning,  including  warehouse,  kitchen,  and  terminal
 cleaning,  including  common  areas,  gateways,  gates,  lounges, clubs,
 concession areas, terminal entryways from ramp and where planes park  at
 the  gate, and other nearby facilities used for the preparation, packag-
 ing, and storage of inflight meals and supplies; and
   (2) aircraft and cabin cleaning, including lavatory and water disposal
 and replenishment, lift truck driving and helping, dispatching, cleaning
 crew driving, and sorting and packing of  inflight  materials,  such  as
 blankets, pillows, and magazines;
   (ii)  Security  related services, including catering security, escort-
 ing, escort security, passenger aircraft security, fire guarding, termi-
 nal security,  baggage  security,  traffic  security,  cargo  screening,
 including  guarding,  warehouse security, concessions and airport lounge
 security, security dispatch, and security at nearby facilities used  for
 the preparation, packaging, and storage of inflight meals; or
   (iii)  In  terminal and passenger handling services, including baggage
 handling, sky cap services, wheelchair attending,  wheelchair  dispatch-
 ing,  customer and passenger services, line queue, identification check-
 ing, porter services for baggage, and  passenger  and  employee  shuttle
 driving.
   (iv)  Airline  catering,  including work related to the preparation or
 delivery of food or beverage for consumption on airplanes departing from
 a covered airport location or related location; or
   (v) Airport lounge services,  including  food  and  retail  services].
 "COVERED  AIRPORT WORKER" SHALL, FOR ANY WEEK, INCLUDE AN EMPLOYEE WORK-
 ING AT A COVERED AIRPORT LOCATION DURING THAT WEEK FOR LESS THAN  THIRTY
 HOURS.
   (b)  "Covered  airport  worker" shall not include [anyone who works in
 one of the following non-covered categories:
   (i) Non-cleaning and security related cargo and ramp services, includ-
 ing ramp baggage and cargo handling,  load  control  and  ramp  communi-
 cation,  aircraft  mechanics and fueling of aircraft, provision of cool-
 ing, heating, and power, passenger aircraft servicing,  cabin  equipment
 maintenance,  guiding  aircraft  in  and  out  of  gates,  and gate side
 aircraft maintenance;
   (ii) Ramp and tarmac maintenance services, including operation of snow
 plows, ramp cleaning vehicles, and tarmac sweepers;
   (iii) Concession services, including food service, which includes food
 and beverage service, wait service, and cashiers,  and  retail  service,
 which includes news, and gifts, and duty-free;
   (c) "Covered airport worker" shall not include direct employees of the
 Port  Authority  of  New  York  and  New Jersey, or any workers hired by
 S. 3006--B                         71

 companies contracted by the Port Authority of New York and  New  Jersey,
 that  are  performing  work  under such contract] PERSONS EMPLOYED IN AN
 EXECUTIVE,  ADMINISTRATIVE,  OR  PROFESSIONAL  CAPACITY  AS  DEFINED  IN
 SUBPARAGRAPH  ONE OF PARAGRAPH (A) OF SECTION THIRTEEN OF THE FAIR LABOR
 STANDARDS ACT OF 1938 (29 U.S.C. S.213 ET SEQ.), OR PERSONS EMPLOYED  BY
 THE  PORT AUTHORITY OF NEW YORK AND NEW JERSEY OR ANY OTHER GOVERNMENTAL
 AGENCY.
   [(d) Covered airport worker shall include only:
   (i) Employees employed at a covered airport location on December thir-
 tieth, two thousand twenty and who are working an average  of  at  least
 thirty hours per week; and
   (ii)  Employees  employed  at  a  covered airport location on or after
 January first, two thousand twenty-three and  who  are  working  for  an
 average of thirty hours per week.
   (e)  "Covered  airport worker" shall also not include persons employed
 in an executive, administrative, or professional capacity as defined  in
 subparagraph  one of paragraph (a) of section thirteen of the Fair Labor
 Standards Act of 1938.]
   3. "Successor airport employer" means any [person who furnishes clean-
 ing and related services, security related  services,  in  terminal  and
 passenger   handling  services,  airline  catering,  or  airport  lounge
 services] EMPLOYER THAT EMPLOYS  COVERED  AIRPORT  WORKERS  WHO  PROVIDE
 SERVICES at a covered airport location that are substantially similar to
 those  that were provided by covered airport workers previously employed
 by another employer at such covered airport location.
   4. "Employer" means any person, corporation, limited liability  compa-
 ny,  or association employing any individual in an occupation, industry,
 trade, business or service. The term  "employer"  shall  not  include  a
 governmental agency.
   5. [The "standard wage rate" means the greater of:
   (a)  any  minimum  wage  rate  that  would  be otherwise applicable to
 covered airport workers established by article nineteen of this chapter;
 or
   (b) any otherwise applicable minimum wage rate established  through  a
 policy of the Port Authority of New York and New Jersey] THE "APPLICABLE
 STANDARD  RATE"  MEANS  THE  WAGE  AND  BENEFIT  RATES DESIGNATED BY THE
 COMMISSIONER BASED ON THE DETERMINATIONS MADE BY  THE  GENERAL  SERVICES
 ADMINISTRATION  PURSUANT TO THE FEDERAL MCNAMARA-O'HARA SERVICE CONTRACT
 ACT OF 1965 (41 U.S.C. 6701 ET SEQ.), FOR THE APPROPRIATE LOCALITIES AND
 CLASSIFICATIONS OF BUILDING SERVICE EMPLOYEES; PROVIDED,  HOWEVER,  THAT
 IN  NO  EVENT  SHALL  THE  PREVAILING  WAGE RATE APPLICABLE TO A COVERED
 AIRPORT WORKER ON AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE  AND
 EVERY YEAR THEREAFTER BE LESS THAN THE FOLLOWING:
   (A)  ANY  OTHERWISE APPLICABLE MINIMUM WAGE RATE ESTABLISHED THROUGH A
 REGULATION OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY; AND
   (B) AN AMOUNT OF  SUPPLEMENTAL  WAGES  OR  A  SUPPLEMENTAL  HEALTHCARE
 CONTRIBUTION  EQUAL  TO  THE RATE FOR HEALTH AND WELFARE FOR ALL OCCUPA-
 TIONS, DESIGNATED BY THE COMMISSIONER BASED ON THE  DETERMINATIONS  MADE
 BY  THE  FEDERAL  DEPARTMENT  OF  LABOR  PURSUANT TO THE MCNAMARA-O'HARA
 SERVICE CONTRACT ACT OF 1965 (41 U.S.C. 6701 ET SEQ.) FOR THE GEOGRAPHIC
 REGION IN WHICH THE COVERED AIRPORT LOCATION IS SITUATED AND  IN  EFFECT
 ON THE DATE OF THE DESIGNATION BY THE COMMISSIONER; AND
   (C)  PAID LEAVE EQUAL TO THE PAID LEAVE REQUIREMENTS DESIGNATED BY THE
 COMMISSIONER THE IMMEDIATELY  PRECEDING  JANUARY  FIRST,  BASED  ON  THE
 DETERMINATIONS  MADE  BY THE GENERAL SERVICES ADMINISTRATION PURSUANT TO
 S. 3006--B                         72
 
 THE MCNAMARA-O'HARA SERVICE CONTRACT ACT OF  1965  (41  U.S.C.  6701  ET
 SEQ.).
   6. [The "standard benefits supplement rate" means an hourly supplement
 of four dollars and fifty-four cents furnished to an employee by provid-
 ing  at least four dollars and fifty-four cents per hour toward the cost
 of minimum essential coverage under an eligible employer-sponsored  plan
 as  defined  in treasury regulation section 1.5000A-2(c)(1) beginning on
 July first, two thousand twenty-one. The  standard  benefits  supplement
 rate  shall  apply  only to the first forty hours worked by each covered
 airport worker in each week and shall not apply to  any  overtime  hours
 worked  by  any covered airport worker. The standard benefits supplement
 rate shall apply to any paid leave taken by  a  covered  airport  worker
 that  does  not  exceed  forty hours in a week] "COMMISSIONER" MEANS THE
 COMMISSIONER OF LABOR OF THE STATE OF NEW YORK.
   [7. The "applicable standard rate" shall mean a combination of (a) the
 standard wage rate; and (b) the standard benefits supplemental rate.
   § 696-b. Certification to the commissioner. 1.  No  later  than  March
 thirty-first,  two  thousand  twenty-one,  each  employer  of  a covered
 airport worker shall submit to the commissioner a sworn statement certi-
 fying the total number of workers employed by such employer at a covered
 airport location to perform  cleaning  and  related  services,  security
 related  services,  in terminal and passenger handling services, airline
 catering, or airport lounge services, at a covered airport  location  on
 December thirtieth, two thousand twenty, and identifying the number that
 is  equal  to  eighty  percent  of such total number of employees, which
 shall be the December thirtieth, two thousand twenty benchmark  for  the
 purposes of this section. Such statement shall further include an affir-
 mation that such employer will ensure that the number of covered airport
 workers it employs at a covered airport location between July first, two
 thousand  twenty-one  and December thirty-first, two thousand twenty-two
 is no less than the December thirtieth, two thousand  twenty  benchmark.
 Such  sworn statement shall be provided by the commissioner upon request
 by any airport worker performing cleaning and related services, security
 related services, in terminal and passenger handling  services,  airline
 catering,  or  airport lounge services, at a covered airport location or
 any representative of such airport workers.    Prior  to  employing  any
 airport  workers  to  perform  cleaning  and  related services, security
 related services, in terminal and passenger handling  services,  airline
 catering, or airport lounge services, at a covered airport location, any
 successor  airport employer shall obtain the applicable December thirti-
 eth, two thousand twenty benchmark from the commissioner and  submit  to
 the  commissioner an affirmation that such employer will ensure that the
 number of covered airport  workers  it  employs  at  a  covered  airport
 location  between July first, two thousand twenty-one and December thir-
 ty-first, two thousand twenty-two is no less than the  December  thirti-
 eth, two thousand twenty benchmark.
   2.  Each  employer of any covered airport worker employed at a covered
 airport location on or after January first,  two  thousand  twenty-three
 shall submit to the commissioner, in a form and manner proscribed by the
 commissioner,  a  sworn  statement  affirming  that  such  employer will
 ensure, where applicable, that the proportion of covered airport workers
 in each classification it employs to work an average of at least  thirty
 hours per week at a covered airport location is the same as such propor-
 tion  was  compared to all workers in the same classification working at
 such covered airport location in the calendar year two thousand nineteen
 workforce. The commissioner shall publish a list of all covered  classi-
 S. 3006--B                         73

 fications  with the corresponding proportions of all workers employed to
 work an average of at least thirty hours a week compared to all  workers
 in  the  same  classification  employed  to work at each covered airport
 location  in  the  calendar year two thousand nineteen. The commissioner
 shall be empowered to promulgate rules or regulations to  determine  the
 method  and  accounting for such information and to verify its accuracy,
 including the ability to establish a presumed proportion  where  records
 are  missing  or  unavailable  and  provided further that such full-time
 levels shall be no less than such December thirtieth, two thousand twen-
 ty benchmark. If such proportion is not maintained, consistent with such
 rules or regulations promulgated by the  commissioner,  then  the  hours
 worked  by such part time workers, which are outside of such proportion,
 shall be subject to the provisions of this section as if they worked  an
 average  of at least thirty hours per week at a covered airport location
 and were otherwise a covered airport worker.
   3. Each employer of a covered airport worker  employed  at  a  covered
 airport  location  on December thirtieth, two thousand twenty and who is
 working an average of at least thirty hours per week shall provide  such
 covered  airport  worker the ability to begin or change enrollment in an
 eligible employer-sponsored  plan  as  defined  in  treasury  regulation
 section  1.5000A-2(c)(1) for coverage beginning on July first, two thou-
 sand twenty-one.
   4. Each employer of any other covered  airport  worker  at  a  covered
 airport  location  shall provide such covered airport worker the ability
 to begin or change enrollment in an eligible employer-sponsored plan  as
 defined  in  treasury  regulation  section  1.5000A-2(c)(1) for coverage
 beginning no later than thirty days after  becoming  a  covered  airport
 worker.]
   § [696-c.] 696-B. Minimum  wage  rate for covered airport workers. All
 [covered] employers AT A COVERED  AIRPORT  LOCATION  shall  ensure  that
 every  covered  airport  worker is compensated at a rate that is no less
 than the applicable standard rate. Nothing in this article  shall  alter
 or  limit  any  employer's  obligation  to  pay any otherwise applicable
 prevailing wage under article eight or nine of this chapter.
   § [696-d.] 696-C. Commissioner's powers of investigation. The  commis-
 sioner  or  [his  or  her] SUCH COMMISSIONER'S authorized representative
 shall have the power to:
   1. investigate the compensation of  covered  airport  workers  in  the
 state;
   2.  enter  the place of business or employment of any employer for the
 purpose of (a) examining and inspecting any and  all  books,  registers,
 payrolls,  and other records that in any way relate to or have a bearing
 upon the compensation provided to, or the hours worked by any employees,
 and (b) ascertaining whether the provisions  of  this  article  and  the
 rules and regulations promulgated hereunder are being complied with; and
   3.  require  from any employer full and correct statements and reports
 in writing, at such times as the commissioner may deem necessary, of the
 compensation provided to and the hours by such employer's employees.
   § [696-e.] 696-D. Records of employers. For every employee covered  by
 this article, every employer shall establish, maintain, and preserve for
 not  less  than  six  years  contemporaneous, true, and accurate payroll
 records showing for each week worked the hours worked, the  compensation
 provided, plus such other information as the commissioner deems material
 and  necessary.  For all covered airport workers who are not exempt from
 overtime compensation as established in the commissioner's minimum  wage
 orders  or  otherwise  provided by law, rule, or regulation, the payroll
 S. 3006--B                         74
 
 records shall include the compensation provided and the  regular  hourly
 rate  or  rates of pay, the overtime rate or rates of pay, the number of
 regular hours worked, the number of overtime hours worked and  the  cost
 of  benefits  and/or  benefit supplements. On demand, the employer shall
 furnish to the commissioner or [his or  her]  SUCH  COMMISSIONER'S  duly
 authorized representative a sworn statement of the hours worked, rate or
 rates  of compensation, for each covered airport worker, plus such other
 information as the commissioner  deems  material  and  necessary.  Every
 employer  shall keep such records open to inspection by the commissioner
 or [his or her] SUCH COMMISSIONER'S duly  authorized  representative  at
 any  reasonable  time.  Every employer of a covered airport worker shall
 keep a digest and summary of this article which shall be prepared by the
 commissioner, posted in a conspicuous place in [his or her] THEIR estab-
 lishment and shall also keep  posted  such  additional  copies  of  said
 digest  and  summary as the commissioner prescribes. Employers shall, on
 request, be furnished with copies of this article and of orders, and  of
 digests  and  summaries  thereof, without charge. Employers shall permit
 the commissioner or [his or her]  SUCH  COMMISSIONER'S  duly  authorized
 representative  to  question  without  interference any employee of such
 employer in a private location at the place  of  employment  and  during
 working  hours  in  respect to the wages paid to and the hours worked by
 such employee or other employees.
   § [696-f.] 696-E. Penalties. 1. If the  commissioner  finds  that  any
 employer  has  violated  any  provision  of this article or of a rule or
 regulation promulgated thereunder, the commissioner may, after an oppor-
 tunity for a hearing, and by an order which shall describe  particularly
 the  nature of the violation, assess the employer a civil penalty of not
 more than ten thousand dollars for the first such violation  within  six
 years,  not  more  than  twenty  thousand dollars for a second violation
 within six years and not more than fifty thousand dollars for a third or
 subsequent violation within six years. Such penalty shall be paid to the
 commissioner for deposit in the treasury of the state. In assessing  the
 amount  of the penalty, the commissioner shall give due consideration to
 the size of the employer's business, the good faith  [of  the  employer]
 BASIS OF THE EMPLOYER TO BELIEVE THAT ITS CONDUCT WAS IN COMPLIANCE WITH
 THE  LAW,  the  gravity  of  the  violation,  the  history  of  previous
 violations and the  failure  to  comply  with  record-keeping  or  other
 requirements.
   2.  Any  order  issued  under subdivision one of this section shall be
 deemed a final order of the commissioner and not subject  to  review  by
 any court or agency unless the employer files a petition with the indus-
 trial  board  of  appeals for a review of the order, pursuant to section
 one hundred one of this chapter.
   3. The civil penalty provided for in this section shall be in addition
 to and may be imposed concurrently with  any  other  remedy  or  penalty
 provided for in this chapter.
   4.  Upon  a  showing by an employee organization, the commissioner may
 investigate by examining payroll records whether  an  employer  withheld
 hours  of  work  to employees for the purpose of reducing the employer's
 obligations under this article. If, after the opportunity for a hearing,
 the commissioner determines that an employer withheld hours of  work  to
 employees  for  the purpose of reducing the employer's obligations under
 this article, the commissioner may, in addition  to  any  other  penalty
 available,  also  require  that  the employer pay the [standard benefits
 supplement] APPLICABLE STANDARD rate to all of the employer's employees,
 regardless of the number of hours worked by the employees.
 S. 3006--B                         75
 
   § [696-g.] 696-F. Civil action. 1.   On behalf of  any  employee  paid
 less than the applicable standard rate to which the employee is entitled
 under  the  provisions  of  this article, the commissioner may bring any
 legal action necessary, including administrative action, to collect such
 claim,  and the employer shall be required to pay the full amount of the
 underpayment, plus costs, and unless the employer proves  a  good  faith
 basis  to  believe that its underpayment was in compliance with the law,
 an additional amount as liquidated damages. Liquidated damages shall  be
 calculated  by  the  commissioner as no more than one hundred percent of
 the total amount of underpayments found to be due the employee.  In  any
 action brought by the commissioner in a court of competent jurisdiction,
 liquidated damages shall be calculated as an amount equal to one hundred
 percent of underpayments found to be due the employee.
   2.  Notwithstanding  any  other provision of law, an action to recover
 upon a liability imposed by this article must be  commenced  within  six
 years.    The  statute  of  limitations shall be tolled from the date an
 employee files a complaint with the  commissioner  or  the  commissioner
 commences  an  investigation,  whichever  is  earlier, until an order to
 comply issued by the commissioner becomes final, or  where  the  commis-
 sioner does not issue an order, until the date on which the commissioner
 notifies the complainant that the investigation has concluded.
   3.  In  any  civil  action by the commissioner, the commissioner shall
 have the right to collect attorneys' fees and costs incurred in  enforc-
 ing  any  court  judgment. Any judgment or court order awarding remedies
 under this section shall provide that if any amounts remain unpaid  upon
 the  expiration of ninety days following issuance of judgment, or ninety
 days after expiration of the time to appeal and no appeal  therefrom  is
 then  pending,  whichever  is  later, the total amount of judgment shall
 automatically increase by fifteen percent.
   § [696-h.] 696-G. Regulations. [1.] The  commissioner  may  promulgate
 such  regulations  as [he or she] SUCH COMMISSIONER deems appropriate to
 carry out the purposes of this article and to safeguard minimum  compen-
 sation standards.
   § [696-i.] 696-H. Savings clause. 1.  If any provision of this article
 or  the application thereof to any person, occupation or circumstance is
 held invalid, the remainder of the article and the application  of  such
 provision  to  other  persons,  employees, occupations, or circumstances
 shall not be affected thereby.
   2. If any clause, sentence, paragraph, subdivision, section or part of
 this article shall be adjudged by any court of competent jurisdiction to
 be invalid, such judgment shall not affect, impair,  or  invalidate  the
 remainder thereof, but shall be confined in its operation to the clause,
 sentence,  paragraph,  subdivision,  section  or  part  thereof directly
 involved in the controversy in  which  such  judgment  shall  have  been
 rendered. It is hereby declared to be the intent of the legislature that
 this article would have been enacted even if such invalid provisions had
 not been included herein.
   [3.  If  section six hundred ninety-six-a, section six hundred ninety-
 six-b, or section six  hundred  ninety-six-c  of  this  article  or  any
 portion  thereof  shall be adjudged, whether by final judgment, a tempo-
 rary restraining order, or a preliminary injunction,  by  any  court  of
 competent  jurisdiction to be preempted by federal law, then the "stand-
 ard benefits supplement rate" defined in subdivision six of section  six
 hundred  ninety-six-a of this article shall immediately mean the follow-
 ing:
 S. 3006--B                         76

   (a)  An  hourly  supplement  of  four  dollars  and  fifty-four  cents
 furnished  to  an employee by providing at least four dollars and fifty-
 four cents per hour beginning on July first, two thousand twenty-one  in
 one  of the following ways: (i) in the form of health and/or other bene-
 fits,  not  including  paid  leave,  that  cost  the employer the entire
 required hourly supplemental amount; (ii) by providing a portion of  the
 required  hourly supplement in the form of health and/or other benefits,
 not including paid leave, and the balance in cash; or (iii) by providing
 the entire supplement in cash.
   (b) The value of such supplement shall be no less  than  four  dollars
 and fifty-four cents per hour.
   (c)  The  standard  benefits  supplement  rate shall apply only to the
 first forty hours worked by each covered airport worker in each week and
 shall not apply to any overtime hours  worked  by  any  covered  airport
 worker.
   (d)  The  standard  benefits  supplement  rate shall apply to any paid
 leave taken by a covered airport worker that does not exceed forty hours
 in a week.
   4. If section six hundred ninety-six-a, section  six  hundred  ninety-
 six-b,  or  section  six  hundred  ninety-six-c  of  this article or any
 portion thereof shall be adjudged by any preliminary relief, including a
 temporary restraining order or a preliminary injunction, by any court of
 competent jurisdiction to be preempted  by  federal  law  but  is  later
 adjudged by the same court not to be preempted by federal law in a final
 judgment,  then  the  definition  of "standard benefits supplement rate"
 shall immediately revert to the definition stated in subdivision six  of
 section six hundred ninety-six-a of this article.]
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART U
 
                           Intentionally Omitted
 
                                  PART V
 
   Section  1.  Subdivision 3 of section 218 of the labor law, as amended
 by chapter 2 of the laws of 2015, is amended to read as follows:
   3. (A) Provided that no  proceeding  for  administrative  or  judicial
 review  as  provided  in this chapter shall then be pending and the time
 for initiation of such proceeding shall have expired,  the  commissioner
 may  file with the county clerk of the county where the employer resides
 or has a place of business the order of the commissioner, or  the  deci-
 sion  of  the industrial board of appeals containing the amount found to
 be due including the civil penalty, if any, and  at  the  commissioner's
 discretion,  an  additional fifteen percent damages upon any outstanding
 monies owed. [At] NOTWITHSTANDING ANY  PROVISION  TO  THE  CONTRARY,  IN
 EXECUTION OF ANY ORDER OR DECISION FILED BY THE COMMISSIONER PURSUANT TO
 THIS  SECTION, THE COMMISSIONER SHALL HAVE ALL THE POWERS CONFERRED UPON
 SHERIFFS BY ARTICLE TWENTY-FIVE OF THE CIVIL PRACTICE LAW AND RULES, BUT
 THE COMMISSIONER SHALL BE ENTITLED TO NO FEE OR COMPENSATION  IN  EXCESS
 OF  THE  ACTUAL  EXPENSES  PAID  IN  THE PERFORMANCE OF SUCH DUTY. ADDI-
 TIONALLY, AT the request of an employee, the commissioner shall  assign,
 without consideration or liability, that portion of the filed order that
 constitutes  wages,  wage supplements, interest on wages or wage supple-
 S. 3006--B                         77
 
 ments, or liquidated damages due that employee, to that employee and may
 file an assignment or order in that amount in the name of that  employee
 with  the county clerk of the county where the employer resides or has a
 place  of  business.  The  filing  of such assignment, order or decision
 shall have the full force and effect of a judgment duly docketed in  the
 office  of  such  clerk.  The  assignment[,  order  or  decision] may be
 enforced [by and in the name of the commissioner, or] by the employee[,]
 in the same manner, and with like effect,  as  that  prescribed  by  the
 civil practice law and rules for the enforcement of a money judgment.
   (B)  IN ADDITION AND AS AN ALTERNATIVE TO ANY OTHER REMEDY PROVIDED BY
 THIS SECTION AND PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDI-
 CIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN BE  PENDING  AND  THE
 TIME  FOR  INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE COMMIS-
 SIONER MAY ISSUE A  WARRANT  UNDER  THE  COMMISSIONER'S  OFFICIAL  SEAL,
 DIRECTED  TO  THE  SHERIFF OF ANY COUNTY, COMMANDING THE SHERIFF TO LEVY
 UPON AND SELL THE REAL AND PERSONAL PROPERTY THAT MAY  BE  FOUND  WITHIN
 THE  SHERIFF'S COUNTY OF AN EMPLOYER WHO HAS DEFAULTED IN THE PAYMENT OF
 ANY SUM DETERMINED TO BE DUE FROM SUCH EMPLOYER FOR THE PAYMENT OF  SUCH
 SUM  TOGETHER  WITH  INTEREST,  PENALTIES, AND THE COST OF EXECUTING THE
 WARRANT, AND TO RETURN SUCH WARRANT TO THE COMMISSIONER AND TO PAY  INTO
 THE  FUND  THE MONEY COLLECTED BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER
 THE RECEIPT OF SUCH WARRANT.  THE SHERIFF SHALL, WITHIN FIVE DAYS  AFTER
 THE  RECEIPT  OF  THE  WARRANT, FILE WITH THE CLERK OF THE COUNTY A COPY
 THEREOF, AND THEREUPON SUCH CLERK SHALL ENTER IN THE JUDGMENT DOCKET THE
 NAME OF THE EMPLOYER MENTIONED IN THE WARRANT  AND  THE  AMOUNT  OF  THE
 CONTRIBUTION,  INTEREST,  AND  PENALTIES FOR WHICH THE WARRANT IS ISSUED
 AND THE DATE WHEN SUCH COPY IS  FILED.  THEREUPON  THE  AMOUNT  OF  SUCH
 WARRANT  SO  DOCKETED SHALL BECOME A LIEN UPON THE TITLE TO AND INTEREST
 IN REAL PROPERTY AND CHATTELS OF THE EMPLOYER AGAINST WHOM  THE  WARRANT
 IS  ISSUED  IN THE SAME MANNER AS A JUDGMENT DULY DOCKETED IN THE OFFICE
 OF SUCH CLERK. THE SHERIFF SHALL THEN PROCEED UPON THE  WARRANT  IN  THE
 SAME MANNER, AND WITH LIKE EFFECT, AS THAT PROVIDED BY LAW IN RESPECT TO
 EXECUTIONS  ISSUED AGAINST PROPERTY UPON JUDGMENTS OF A COURT OF RECORD,
 AND THE SHERIFF SHALL BE ENTITLED TO  THE  SAME  FEES,  WHICH  THEY  MAY
 COLLECT  IN THE SAME MANNER, FOR THE SHERIFF'S SERVICES IN EXECUTING THE
 WARRANT.
   (C) IN THE DISCRETION OF THE COMMISSIONER, A WARRANT  OF  LIKE  TERMS,
 FORCE,  AND EFFECT MAY BE ISSUED AND DIRECTED TO ANY OFFICER OR EMPLOYEE
 OF THE DEPARTMENT OF LABOR WHO MAY FILE A COPY OF SUCH WARRANT WITH  THE
 CLERK  OF  ANY  COUNTY IN THE STATE, AND THEREUPON EACH SUCH CLERK SHALL
 DOCKET IT AND IT SHALL BECOME A LIEN IN THE SAME  MANNER  AND  WITH  THE
 SAME FORCE AND EFFECT AS HEREINBEFORE PROVIDED WITH RESPECT TO A WARRANT
 ISSUED  AND  DIRECTED  TO  AND  FILED BY A SHERIFF; AND IN THE EXECUTION
 THEREOF SUCH OFFICER OR EMPLOYEE SHALL HAVE ALL THE POWERS CONFERRED  BY
 LAW  UPON SHERIFFS, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION
 IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF  SUCH  DUTY.
 IF  A  WARRANT IS RETURNED NOT SATISFIED IN FULL, THE COMMISSIONER SHALL
 HAVE THE SAME REMEDIES TO ENFORCE THE AMOUNT THEREOF AS IF  THE  COMMIS-
 SIONER HAD RECOVERED JUDGMENT FOR THE SAME.
   §  2.  Subdivision  3  of  section 219 of the labor law, as amended by
 chapter 2 of the laws of 2015, is amended to read as follows:
   3. (A) Provided that no  proceeding  for  administrative  or  judicial
 review  as  provided  in this chapter shall then be pending and the time
 for initiation of such proceeding shall have expired,  the  commissioner
 may  file with the county clerk of the county where the employer resides
 or has a place of business the order of the commissioner or the decision
 S. 3006--B                         78
 
 of the industrial board of appeals containing the  amount  found  to  be
 due,  including, at the commissioner's discretion, an additional fifteen
 percent damages upon any outstanding monies owed.  [At]  NOTWITHSTANDING
 ANY  PROVISION  TO  THE  CONTRARY, IN EXECUTION OF ANY ORDER OR DECISION
 FILED BY THE COMMISSIONER PURSUANT TO  THIS  SECTION,  THE  COMMISSIONER
 SHALL HAVE ALL THE POWERS CONFERRED UPON SHERIFFS BY ARTICLE TWENTY-FIVE
 OF THE CIVIL PRACTICE LAW AND RULES, BUT THE COMMISSIONER SHALL BE ENTI-
 TLED  TO NO FEE OR COMPENSATION IN EXCESS OF THE ACTUAL EXPENSES PAID IN
 THE PERFORMANCE OF SUCH DUTY. ADDITIONALLY, AT the request of an employ-
 ee, the commissioner shall assign, without consideration  or  liability,
 that  portion  of  the  filed order that constitutes wages, wage supple-
 ments, interest on wages or wage supplements, or liquidated damages  due
 the  employee,  to  that employee and may file an assignment or order in
 that amount in the name of such employee with the county  clerk  of  the
 county where the employer resides or has a place of business. The filing
 of  such  assignment,  order  or  decision shall have the full force and
 effect of a judgment duly docketed in the  office  of  such  clerk.  The
 assignment[,  order  or decision] may be enforced [by and in the name of
 the commissioner, or] by the employee[,] in the same  manner,  and  with
 like  effect, as that prescribed by the civil practice law and rules for
 the enforcement of a money judgment.
   (B) IN ADDITION AND AS AN ALTERNATIVE TO ANY OTHER REMEDY PROVIDED  BY
 THIS SECTION AND PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDI-
 CIAL  REVIEW  AS  PROVIDED IN THIS CHAPTER SHALL THEN BE PENDING AND THE
 TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED,  THE  COMMIS-
 SIONER  MAY ISSUE A WARRANT UNDER THE OFFICIAL SEAL OF THE COMMISSIONER,
 DIRECTED TO THE SHERIFF OF ANY COUNTY, COMMANDING THE  SHERIFF  TO  LEVY
 UPON  AND  SELL  THE REAL AND PERSONAL PROPERTY THAT MAY BE FOUND WITHIN
 THE SHERIFF'S COUNTY OF AN EMPLOYER WHO HAS DEFAULTED IN THE PAYMENT  OF
 ANY  SUM DETERMINED TO BE DUE FROM SUCH EMPLOYER FOR THE PAYMENT OF SUCH
 SUM TOGETHER WITH INTEREST, PENALTIES, AND THE  COST  OF  EXECUTING  THE
 WARRANT,  AND TO RETURN SUCH WARRANT TO THE COMMISSIONER AND TO PAY INTO
 THE FUND THE MONEY COLLECTED BY VIRTUE THEREOF WITHIN SIXTY  DAYS  AFTER
 THE  RECEIPT  OF SUCH WARRANT. THE SHERIFF SHALL, WITHIN FIVE DAYS AFTER
 THE RECEIPT OF THE WARRANT, FILE WITH THE CLERK OF  THE  COUNTY  A  COPY
 THEREOF, AND THEREUPON SUCH CLERK SHALL ENTER IN THE JUDGMENT DOCKET THE
 NAME  OF  THE  EMPLOYER  MENTIONED  IN THE WARRANT AND THE AMOUNT OF THE
 CONTRIBUTION, INTEREST, AND PENALTIES FOR WHICH THE  WARRANT  IS  ISSUED
 AND  THE  DATE  WHEN  SUCH  COPY  IS FILED. THEREUPON THE AMOUNT OF SUCH
 WARRANT SO DOCKETED SHALL BECOME A LIEN UPON THE TITLE TO  AND  INTEREST
 IN  REAL  PROPERTY AND CHATTELS OF THE EMPLOYER AGAINST WHOM THE WARRANT
 IS ISSUED IN THE SAME MANNER AS A JUDGMENT DULY DOCKETED IN  THE  OFFICE
 OF  SUCH  CLERK.  THE SHERIFF SHALL THEN PROCEED UPON THE WARRANT IN THE
 SAME MANNER, AND WITH LIKE EFFECT, AS THAT PROVIDED BY LAW IN RESPECT TO
 EXECUTIONS ISSUED AGAINST PROPERTY UPON JUDGMENTS OF A COURT OF  RECORD,
 AND  THE  SHERIFF  SHALL  BE  ENTITLED  TO THE SAME FEES, WHICH THEY MAY
 COLLECT IN THE SAME MANNER, FOR THE SHERIFF'S SERVICES IN EXECUTING  THE
 WARRANT.
   (C)  IN  THE  DISCRETION OF THE COMMISSIONER, A WARRANT OF LIKE TERMS,
 FORCE, AND EFFECT MAY BE ISSUED AND DIRECTED TO ANY OFFICER OR  EMPLOYEE
 OF  THE DEPARTMENT OF LABOR WHO MAY FILE A COPY OF SUCH WARRANT WITH THE
 CLERK OF ANY COUNTY IN THE STATE, AND THEREUPON EACH  SUCH  CLERK  SHALL
 DOCKET  IT  AND  IT  SHALL BECOME A LIEN IN THE SAME MANNER AND WITH THE
 SAME FORCE AND EFFECT AS HEREINBEFORE PROVIDED WITH RESPECT TO A WARRANT
 ISSUED AND DIRECTED TO AND FILED BY A  SHERIFF;  AND  IN  THE  EXECUTION
 THEREOF  SUCH OFFICER OR EMPLOYEE SHALL HAVE ALL THE POWERS CONFERRED BY
 S. 3006--B                         79
 
 LAW UPON SHERIFFS, BUT THEY SHALL BE ENTITLED TO NO FEE OR  COMPENSATION
 IN  EXCESS  OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY.
 IF A WARRANT IS RETURNED NOT SATISFIED IN FULL, THE  COMMISSIONER  SHALL
 HAVE  THE  SAME REMEDIES TO ENFORCE THE AMOUNT THEREOF AS IF THE COMMIS-
 SIONER HAD RECOVERED JUDGMENT FOR THE SAME.
   § 2-a. Subdivision 5 of section 6201 of the  civil  practice  law  and
 rules,  as  amended by chapter 860 of the laws of 1977 and as renumbered
 by chapter 618 of the laws of 1992, is amended and a new  subdivision  6
 is added to read as follows:
   5.  the  cause  of action is based on a judgment, decree or order of a
 court of the United States or of any other court which  is  entitled  to
 full  faith  and  credit in this state, or on a judgment which qualifies
 for recognition under the provisions of article 53[.] OF  THIS  CHAPTER;
 OR
   6.  THE  CAUSE  OF ACTION IS BASED ON WAGE CLAIMS. "WAGE CLAIMS," WHEN
 USED IN THIS CHAPTER, SHALL INCLUDE ANY CLAIMS OF VIOLATIONS OF ARTICLES
 FIVE, SIX, AND NINETEEN OF THE LABOR LAW, SECTION TWO HUNDRED FIFTEEN OF
 THE LABOR LAW, AND THE RELATED REGULATIONS OR WAGE ORDERS PROMULGATED BY
 THE COMMISSIONER OF LABOR, INCLUDING BUT NOT LIMITED TO  ANY  CLAIMS  OF
 UNPAID,  MINIMUM, OVERTIME, AND SPREAD-OF-HOURS PAY, UNLAWFULLY RETAINED
 GRATUITIES, UNLAWFUL DEDUCTIONS FROM WAGES, UNPAID  COMMISSIONS,  UNPAID
 BENEFITS  AND WAGE SUPPLEMENTS, AND RETALIATION, AND ANY CLAIMS PURSUANT
 TO 18 U.S.C. § 1595, 29 U.S.C. § 201 ET SEQ., AND/OR EMPLOYMENT CONTRACT
 AS WELL AS THE CONCOMITANT LIQUIDATED DAMAGES AND  PENALTIES  AUTHORIZED
 PURSUANT  TO THE LABOR LAW, THE FAIR LABOR STANDARDS ACT, OR ANY EMPLOY-
 MENT CONTRACT.
   § 2-b. Section 6210 of the civil practice law and rules, as  added  by
 chapter 860 of the laws of 1977, is amended to read as follows:
   §  6210.  Order  of attachment on notice; temporary restraining order;
 contents. Upon a motion on notice for an order of attachment, the  court
 may,  without  notice  to  the  defendant, grant a temporary restraining
 order prohibiting the transfer of assets by a garnishee as  provided  in
 subdivision  (b)  of section 6214. WHEN ATTACHMENT IS SOUGHT PURSUANT TO
 SUBDIVISION SIX OF SECTION  6201,  AND  IF  THE  EMPLOYER  CONTESTS  THE
 MOTION,  THE  COURT  SHALL  HOLD  A  HEARING WITHIN TEN DAYS OF WHEN THE
 EMPLOYER'S RESPONSE TO PLAINTIFFS' MOTION FOR  ATTACHMENT  IS  DUE.  The
 contents  of  the  order  of attachment granted pursuant to this section
 shall be as provided in subdivision (a) of section 6211.
   § 2-c. Subdivision (b) of section 6211 of the civil practice  law  and
 rules, as amended by chapter 566 of the laws of 1985, is amended to read
 as follows:
   (b)  Confirmation  of  order.  Except  where an order of attachment is
 granted on the ground specified in subdivision one  OR  SIX  of  section
 6201,  an  order of attachment granted without notice shall provide that
 within a period not to exceed five days after levy, the plaintiff  shall
 move,  on  such  notice  as the court shall direct to the defendant, the
 garnishee, if any, and the sheriff, for an order confirming the order of
 attachment. Where an order of attachment without notice  is  granted  on
 the  ground  specified  in  subdivision  one OR SIX of section 6201, the
 court shall direct that the statement required by section 6219 be served
 within five days, that a copy thereof be served upon the plaintiff,  and
 the  plaintiff  shall  move  within  ten  days  after  levy for an order
 confirming the order of attachment. If the plaintiff  upon  such  motion
 shall show that the statement has not been served and that the plaintiff
 will  be unable to satisfy the requirement of subdivision (b) of section
 6223 until the statement has been served, the court may grant one exten-
 S. 3006--B                         80
 
 sion of the time to move for confirmation for a period not to exceed ten
 days. If plaintiff fails to make such motion within the required period,
 the order of attachment and any levy thereunder shall  have  no  further
 effect and shall be vacated upon motion. Upon the motion to confirm, the
 provisions  of  subdivision (b) of section 6223 shall apply. An order of
 attachment granted without notice may provide that the  sheriff  refrain
 from  taking  any  property levied upon into [his] THEIR actual custody,
 pending further order of the court.
   § 2-d. Subdivisions (b) and (e) of rule 6212 of the civil practice law
 and rules, subdivision (b) as separately amended by chapters 15 and  860
 of  the  laws of 1977 and subdivision (e) as added by chapter 860 of the
 laws of 1977, are amended to read as follows:
   (b) Undertaking. [On] 1. EXCEPT WHERE AN ORDER OF ATTACHMENT IS SOUGHT
 ON THE GROUND SPECIFIED IN SUBDIVISION SIX OF SECTION 6201, ON a  motion
 for  an order of attachment, the plaintiff shall give an undertaking, in
 a total amount fixed by the  court,  but  not  less  than  five  hundred
 dollars,  a  specified part thereof conditioned that the plaintiff shall
 pay to the defendant all costs and damages, including reasonable  attor-
 ney's  fees,  which  may be sustained by reason of the attachment if the
 defendant recovers judgment or if it is finally decided that the  plain-
 tiff  was not entitled to an attachment of the defendant's property, and
 the balance conditioned that the plaintiff shall pay to the sheriff  all
 of [his] THEIR allowable fees.
   2.  ON  A  MOTION  FOR  AN  ATTACHMENT  PURSUANT TO SUBDIVISION SIX OF
 SECTION 6201, THE COURT SHALL ORDER THAT THE PLAINTIFF GIVE AN  ACCESSI-
 BLE UNDERTAKING OF NO MORE THAN FIVE HUNDRED DOLLARS, OR IN THE ALTERNA-
 TIVE,  MAY WAIVE THE UNDERTAKING ALTOGETHER. The attorney for the plain-
 tiff shall not be liable to the sheriff for such fees. The surety on the
 undertaking shall not be discharged except upon notice to the sheriff.
   (e) Damages. [The] EXCEPT WHERE AN ORDER OF ATTACHMENT  IS  SOUGHT  ON
 THE  GROUND  SPECIFIED IN SUBDIVISION SIX OF SECTION 6201, THE plaintiff
 shall be liable to the defendant for all costs  and  damages,  including
 reasonable  attorney's  fees,  which  may  be sustained by reason of the
 attachment if the defendant recovers  judgment,  or  if  it  is  finally
 decided  that  the  plaintiff  was  not entitled to an attachment of the
 defendant's property. Plaintiff's liability shall not be limited by  the
 amount of the undertaking.
   §  2-e.  Paragraph (b) of section 624 of the business corporation law,
 as amended by chapter 449 of the laws of 1997, is  amended  to  read  as
 follows:
   (b) Any person who shall have been a shareholder of record of a corpo-
 ration,  OR  WHO  IS  OR SHALL HAVE BEEN A LABORER, SERVANT OR EMPLOYEE,
 upon at least five days' written demand shall have the right to  examine
 in  person  or  by  agent  or attorney, during usual business hours, its
 minutes of the proceedings of its shareholders and record of  sharehold-
 ers and to make extracts therefrom for any purpose reasonably related to
 such  person's  interest as a shareholder, LABORER, SERVANT OR EMPLOYEE,
 PROVIDED THE PURPOSE REASONABLY RELATED TO  A  PERSON'S  INTEREST  AS  A
 LABORER,  SERVANT  OR  EMPLOYEE SHALL BE TO OBTAIN THE NAMES, ADDRESSES,
 AND VALUE OF SHAREHOLDERS' INTERESTS  IN  THE  CORPORATION.  Holders  of
 voting  trust  certificates representing shares of the corporation shall
 be regarded as shareholders for the purpose of this section.   Any  such
 agent  or  attorney  shall be authorized in a writing that satisfies the
 requirements of a writing under paragraph (b) of section 609  (Proxies).
 A  corporation  requested  to provide information pursuant to this para-
 graph shall make available such information in written form and  in  any
 S. 3006--B                         81
 
 other  format in which such information is maintained by the corporation
 and shall not be required to  provide  such  information  in  any  other
 format.  If a request made pursuant to this paragraph includes a request
 to  furnish  information  regarding  beneficial  owners, the corporation
 shall make available such information in its possession regarding  bene-
 ficial  owners  as is provided to the corporation by a registered broker
 or dealer or a bank, association or other entity that exercises  fiduci-
 ary  powers  in  connection  with  the forwarding of information to such
 owners. The corporation shall not  be  required  to  obtain  information
 about beneficial owners not in its possession.
   §  2-f.  Section 630 of the business corporation law, paragraph (a) as
 amended by chapter 5 of the laws of 2016, paragraph (c)  as  amended  by
 chapter 746 of the laws of 1963, is amended to read as follows:
 § 630. Liability  of shareholders for wages due to laborers, servants or
          employees.
   (a) The ten largest shareholders, as determined by the fair  value  of
 their beneficial interest as of the beginning of the period during which
 the  unpaid services referred to in this section are performed, of every
 domestic corporation or of any  foreign  corporation,  when  the  unpaid
 services were performed in the state, no shares of which are listed on a
 national  securities exchange or regularly quoted in an over-the-counter
 market by one or more members of a national or an affiliated  securities
 association,  shall  jointly  and severally be personally liable for all
 debts, wages or salaries due and owing to any of its laborers,  servants
 or  employees other than contractors, for services performed by them for
 such corporation. [Before such laborer, servant or employee shall charge
 such shareholder for such services, he shall give notice in  writing  to
 such  shareholder that he intends to hold him liable under this section.
 Such notice shall be given within one  hundred  and  eighty  days  after
 termination  of  such  services, except that if, within such period, the
 laborer, servant or employee demands an examination  of  the  record  of
 shareholders  under  paragraph  (b)  of  section 624 (Books and records;
 right of inspection, prima facie evidence) of this article, such  notice
 may  be  given within sixty days after he has been given the opportunity
 to examine the record of shareholders. An action to enforce such liabil-
 ity shall be commenced  within  ninety  days  after  the  return  of  an
 execution  unsatisfied against the corporation upon a judgment recovered
 against it for such services.] The provisions of  this  paragraph  shall
 not  apply  to  an investment company registered as such under an act of
 congress entitled "Investment Company Act of 1940."
   (b) For the purposes of this section, wages or salaries shall mean all
 compensation and benefits payable by an employer to or for  the  account
 of  the employee for personal services rendered by such employee INCLUD-
 ING ANY CONCOMITANT LIQUIDATED DAMAGES, PENALTIES, INTEREST,  ATTORNEY'S
 FEES  OR COSTS.   These shall specifically include but not be limited to
 salaries,  overtime,  vacation,  holiday  and  severance  pay;  employer
 contributions  to or payments of insurance or welfare benefits; employer
 contributions to pension or annuity funds; and any other moneys properly
 due or payable for services rendered by such employee.
   (c) A shareholder who has paid more than [his] THEIR  pro  rata  share
 under  this  section shall be entitled to contribution pro rata from the
 other shareholders liable under this section with respect to the  excess
 so  paid,  over  and  above [his] THEIR pro rata share, and may sue them
 jointly or severally or any number of them to  recover  the  amount  due
 from  them.    Such recovery may be had in a separate action. As used in
 this paragraph, "pro rata"  means  in  proportion  to  beneficial  share
 S. 3006--B                         82

 interest.  Before a shareholder may claim contribution from other share-
 holders under this paragraph, [he] SUCH SHAREHOLDER shall[, unless  they
 have been given notice by a laborer, servant or employee under paragraph
 (a),]  give them notice in writing that [he] SUCH SHAREHOLDER intends to
 hold them so liable to [him] THEM. Such notice shall be given  by  [him]
 THEM within twenty days after the date that [notice was given to him by]
 THEY  BECAME  AWARE THAT a laborer, servant or employee MAY SEEK TO HOLD
 THEM LIABLE under paragraph (a).
   § 2-g. Subdivision (c) of section 609 of the limited liability company
 law, as amended by chapter 620 of the laws of 2019, is amended  to  read
 as follows:
   (c) Notwithstanding the provisions of subdivisions (a) and (b) of this
 section, the ten members with the largest percentage ownership interest,
 as  determined as of the beginning of the period during which the unpaid
 services referred to in this section are performed,  of  every  domestic
 limited  liability company, or of any foreign limited liability company,
 when the unpaid services were performed in the state, shall jointly  and
 severally  be personally liable for all debts, wages or salaries due and
 owing to any of  its  laborers,  servants  or  employees,  for  services
 performed  by  them  for  such  limited  liability company. [Before such
 laborer, servant or employee shall charge such member for such services,
 he or she shall give notice in writing to such member  that  he  or  she
 intends to hold such member liable under this section. Such notice shall
 be  given  within  one  hundred  eighty  days  after termination of such
 services. An action to enforce such liability shall be commenced  within
 ninety  days  after  the  return of an execution unsatisfied against the
 limited liability company upon a judgment recovered against it for  such
 services.]  A  member who has paid more than [his or her] THEIR pro rata
 share under this section shall be entitled to contribution pro rata from
 the other members liable under this section with respect to  the  excess
 so  paid,  over and above [his or her] THEIR pro rata share, and may sue
 them jointly or severally or any number of them to  recover  the  amount
 due  from them.   Such recovery may be had in a separate action. As used
 in this subdivision, "pro rata" means in proportion to percentage owner-
 ship interest. Before a member may claim contribution from other members
 under this section, [he or she] SUCH MEMBER shall give  them  notice  in
 writing  that  [he or she intends] THEY INTEND to hold them so liable to
 [him or her] THEM.
   § 2-h. Section 1102 of the limited liability company law is amended by
 adding a new subdivision (e) to read as follows:
   (E) ANY PERSON WHO IS OR SHALL HAVE BEEN A LABORER, SERVANT OR EMPLOY-
 EE OF A LIMITED LIABILITY COMPANY, UPON  AT  LEAST  FIVE  DAYS'  WRITTEN
 DEMAND  SHALL  HAVE THE RIGHT TO EXAMINE IN PERSON OR BY AGENT OR ATTOR-
 NEY, DURING USUAL BUSINESS HOURS, RECORDS DESCRIBED IN PARAGRAPH TWO  OF
 SUBDIVISION  (A)  OF  THIS  SECTION THROUGHOUT THE PERIOD OF TIME DURING
 WHICH SUCH LABORER, SERVANT OR EMPLOYEE PROVIDED SERVICES TO SUCH COMPA-
 NY. A COMPANY REQUESTED TO PROVIDE INFORMATION PURSUANT TO THIS SUBDIVI-
 SION SHALL MAKE AVAILABLE SUCH RECORDS IN WRITTEN FORM AND IN ANY  OTHER
 FORMAT  IN WHICH SUCH INFORMATION IS MAINTAINED BY THE COMPANY AND SHALL
 NOT BE REQUIRED TO PROVIDE SUCH INFORMATION IN ANY OTHER FORMAT.    UPON
 REFUSAL  BY  THE  COMPANY  OR  BY  AN OFFICER OR AGENT OF THE COMPANY TO
 PERMIT AN INSPECTION OF THE RECORDS DESCRIBED IN THIS  SUBDIVISION,  THE
 PERSON  MAKING  THE DEMAND FOR INSPECTION MAY APPLY TO THE SUPREME COURT
 IN THE JUDICIAL DISTRICT WHERE THE OFFICE OF  THE  COMPANY  IS  LOCATED,
 UPON  SUCH  NOTICE  AS  THE COURT MAY DIRECT, FOR AN ORDER DIRECTING THE
 COMPANY, ITS MEMBERS OR MANAGERS TO SHOW CAUSE WHY AN ORDER  SHOULD  NOT
 S. 3006--B                         83
 
 BE GRANTED PERMITTING SUCH INSPECTION BY THE APPLICANT.  UPON THE RETURN
 DAY OF THE ORDER TO SHOW CAUSE, THE COURT SHALL HEAR THE PARTIES SUMMAR-
 ILY,  BY AFFIDAVIT OR OTHERWISE, AND IF IT APPEARS THAT THE APPLICANT IS
 QUALIFIED  AND  ENTITLED  TO  SUCH  INSPECTION, THE COURT SHALL GRANT AN
 ORDER COMPELLING SUCH INSPECTION AND AWARDING SUCH FURTHER RELIEF AS  TO
 THE  COURT  MAY  SEEM  JUST  AND PROPER. IF THE APPLICANT IS FOUND TO BE
 QUALIFIED AND ENTITLED TO SUCH INSPECTION, THE  COMPANY  SHALL  PAY  ALL
 REASONABLE  ATTORNEY'S  FEES  AND COSTS OF SAID APPLICANT RELATED TO THE
 DEMAND FOR INSPECTION OF THE RECORDS.
   § 2-i. Subdivision 5 of section 218 of the  labor  law,  as  added  by
 chapter 537 of the laws of 2014, is amended to read as follows:
   5.  An employer similar in operation and ownership to a prior employer
 which had been found in violation of article six, nineteen or nineteen-A
 of this chapter, shall be deemed the same employer for the  purposes  of
 this  section AND ARTICLES SIX, NINETEEN, AND NINETEEN-A OF THIS CHAPTER
 if the employees of the new employer are engaged  in  substantially  the
 same  work  in  substantially the same working conditions under substan-
 tially the same supervisors, or if the subsequent employer has  substan-
 tially  the  same  production  process,  produces substantially the same
 products and has substantially the same body of customers.  Such  subse-
 quent  employer  shall continue to be subject to this section and liable
 for the acts of the prior employer under this section.
   § 2-j. Subdivision 4 of section 219 of the  labor  law,  as  added  by
 chapter 537 of the laws of 2014, is amended to read as follows:
   4.  An employer similar in operation and ownership to a prior employer
 found to be in violation of article six, nineteen or nineteen-A of  this
 chapter,  shall  be  deemed  the  same employer for the purposes of this
 section AND ARTICLES SIX, NINETEEN, NINETEEN-A OF THIS  CHAPTER  if  the
 employees  of  the  subsequent employer are engaged in substantially the
 same work in substantially the same working  conditions  under  substan-
 tially  the same supervisors, or if the new entity has substantially the
 same production process, produces substantially the  same  products  and
 has substantially the same body of customers. Such a subsequent employer
 will  continue to be subject to this section and shall be liable for the
 acts of the prior employer under this section.
   § 3. This act shall take effect immediately; provided,  however,  that
 sections  two-a,  two-b, two-c, two-d, two-e, two-f, two-g, two-h, two-i
 and two-j of this act shall take effect on the thirtieth  day  after  it
 shall  have  become a law. The procedures and rights created in sections
 two-a, two-b, two-c, two-d, two-e, two-f, two-g, two-h, two-i and  two-j
 of this act may be used by employees, laborers or servants in connection
 with  claims  for  liabilities that arose prior to the effective date of
 such sections of this act.

                                  PART W
 
   Section 1. Subdivision 1 of section 141 of the labor law,  as  amended
 by chapter 642 of the laws of 1991, is amended to read as follows:
   1.    If  the  commissioner  finds  that  an employer has violated any
 provision of this article or of a rule or regulation promulgated  there-
 under, the commissioner may by an order which shall describe particular-
 ly  the  nature of the violation, assess the employer a civil penalty of
 not more than [one] TEN thousand dollars for the first  such  violation,
 AT  LEAST  TWO  THOUSAND BUT not more than [two] THIRTY thousand dollars
 for a second violation, and AT LEAST TEN  THOUSAND  BUT  not  more  than
 [three]   SEVENTY-FIVE  thousand  dollars  for  a  third  or  subsequent
 S. 3006--B                         84
 
 violation. Such penalty shall be paid to the commissioner for deposit in
 the treasury of the state. In assessing the amount of the  penalty,  the
 commissioner  shall give due consideration to the size of the employer's
 business, the good faith of the employer TO BELIEVE THAT ITS CONDUCT WAS
 IN COMPLIANCE WITH THE LAW, the gravity of the violation, the history of
 previous  violations  and  the  failure to comply with record-keeping or
 other  requirements,  provided,  however,  that  where  such   violation
 involves illegal employment during which a minor is seriously injured or
 dies,  such penalty shall be [treble the maximum penalty allowable under
 the law for such violation] AT LEAST THREE THOUSAND DOLLARS BUT NOT MORE
 THAN THIRTY THOUSAND DOLLARS FOR THE FIRST SUCH VIOLATION, AT LEAST  SIX
 THOUSAND  BUT  NOT  MORE  THAN  NINETY  THOUSAND  DOLLARS FOR THE SECOND
 VIOLATION, AND AT LEAST THIRTY THOUSAND DOLLARS BUT NOT  MORE  THAN  TWO
 HUNDRED  TWENTY-FIVE  THOUSAND  DOLLARS  FOR  THE  THIRD  OR  SUBSEQUENT
 VIOLATION.   For the purposes of this  subdivision,  a  minor  shall  be
 deemed  to  be  seriously  injured if such injury results in a permanent
 partial or permanent total disability  as  determined  by  the  workers'
 compensation board.
   § 2. Section 145 of the labor law, as added by chapter 660 of the laws
 of 2005, is amended to read as follows:
   §  145.  Criminal  penalties.  Any  person  who knowingly violates any
 provision of this article and any officer or agent of a corporation  who
 knowingly  permits  the corporation to violate any such provisions shall
 be guilty of a [misdemeanor] FELONY, and upon conviction therefor  shall
 be  punished  by  a  fine  of  not more than [five hundred] ONE THOUSAND
 dollars or imprisonment for not more than [sixty days] ONE  YEAR  or  by
 both such fine and imprisonment for a first offense, or by a fine of not
 more  than [five] TEN thousand dollars or imprisonment for not more than
 [one year] TWO YEARS, or by both such fine and imprisonment for a second
 or subsequent offense.
   § 3. The penal law is amended by adding a new section 125.10-a to read
 as follows:
 § 125.10-A CRIMINALLY NEGLIGENT HOMICIDE OF A CHILD WORKER.
   A PERSON IS GUILTY OF CRIMINALLY NEGLIGENT HOMICIDE OF A CHILD WORKER,
 WHEN ACTING AS THE EMPLOYER OF A CHILD UNDER THE AGE OF  EIGHTEEN  YEARS
 OLD, WITH CRIMINAL NEGLIGENCE, SUCH PERSON CAUSES THE DEATH OF THE CHILD
 IN  THE COURSE OF THE EMPLOYMENT.  FOR THE PURPOSES OF THIS SECTION, THE
 PHRASE "ACTING AS THE EMPLOYER OF A CHILD", SHALL INCLUDE,  BUT  NOT  BE
 LIMITED  TO,  INSTANCES  WHERE  THE  DEFENDANT  HAS  EMPLOYED A CHILD IN
 VIOLATION OF SECTION ONE HUNDRED THIRTY,  ONE  HUNDRED  THIRTY-ONE,  ONE
 HUNDRED  THIRTY-TWO, OR ONE HUNDRED THIRTY-THREE OF THE LABOR LAW.
   CRIMINALLY NEGLIGENT HOMICIDE OF A CHILD WORKER IS A CLASS D FELONY.
   §  4.  The penal law is amended by adding a new section 260.12 to read
 as follows:
 § 260.12 ENDANGERING THE WELFARE OF A CHILD WORKER.
   A PERSON IS GUILTY OF CRIMINALLY ENDANGERING THE WELFARE  OF  A  CHILD
 WORKER  WHEN  SUCH  PERSON  KNOWINGLY  EMPLOYS  A  CHILD IN VIOLATION OF
 SECTION ONE HUNDRED THIRTY, ONE HUNDRED THIRTY-ONE, ONE HUNDRED  THIRTY-
 TWO,  OR ONE HUNDRED THIRTY-THREE OF THE LABOR LAW, AND IN THE COURSE OF
 THAT EMPLOYMENT THE CHILD  SUFFERS  PHYSICAL  INJURY,  SERIOUS  PHYSICAL
 INJURY, OR DEATH.
   ENDANGERING THE WELFARE OF A CHILD WORKER IS A CLASS E FELONY.
   § 5. This act shall take effect immediately.
 
                                  PART X
 S. 3006--B                         85
 
   Section 1. Sections 135, 137 and 139 of the labor law are REPEALED.
   §  2.  The labor law is amended by adding a new section 135 to read as
 follows:
   § 135. DATABASE FOR EMPLOYMENT OF MINORS; EMPLOYEE REGISTRATION; MINOR
 EMPLOYMENT CERTIFICATES. 1. CREATION OF  DATABASE.  THE  DEPARTMENT,  IN
 CONSULTATION WITH THE DEPARTMENT OF EDUCATION, SHALL CREATE AND MAINTAIN
 A  DATABASE  FOR THE EMPLOYMENT OF MINORS. ALL INFORMATION PERTAINING TO
 ANY EMPLOYER OR MINOR THAT IS SUBMITTED TO  THE  DEPARTMENT  UNDER  THIS
 SECTION SHALL BE CONFIDENTIAL AND SHALL NOT BE ACCESSIBLE TO THE PUBLIC.
 NOTHING HEREIN SHALL PREVENT THE COMMISSIONER FROM SHARING SUCH INFORMA-
 TION FOR CIVIL OR CRIMINAL LAW ENFORCEMENT PURPOSES.
   2. EMPLOYER REGISTRATION AND RENEWAL PROCESS. ANY EMPLOYER REQUIRED TO
 BE  REGISTERED  UNDER THIS SECTION SHALL PROVIDE THE DEPARTMENT WITH THE
 INFORMATION SET FORTH IN THIS SECTION, AS WELL AS ANY ADDITIONAL  INFOR-
 MATION  THAT  THE  DEPARTMENT  MAY  REQUIRE,  IN  THE  FORM  AND  MANNER
 PRESCRIBED BY THE DEPARTMENT.
   3. EMPLOYER INFORMATION. EVERY EMPLOYER THAT HIRES, EMPLOYS, OR OTHER-
 WISE PERMITS ANY MINOR UNDER THE AGE OF EIGHTEEN TO WORK FOR THE EMPLOY-
 ER WITHIN THE STATE SHALL REGISTER IN THE  DATABASE,  IN  THE  FORM  AND
 MANNER PRESCRIBED BY THE DEPARTMENT, THE FOLLOWING INFORMATION:
   (A) THE NAME OF THE EMPLOYER;
   (B) THE EMAIL ADDRESS OF THE EMPLOYER;
   (C)  ANY  LOCATION  OF  THE  EMPLOYER'S BUSINESS OPERATIONS WITHIN THE
 STATE, INCLUDING ANY LOCATION WHERE A MINOR WILL BE WORKING;
   (D) THE NUMBER AND NAMES OF MINORS WHO ARE HIRED, EMPLOYED, OR  OTHER-
 WISE PERMITTED TO WORK FOR THE EMPLOYER;
   (E)  A  CERTIFIED  STATEMENT  FROM  THE  EMPLOYER THAT THE EMPLOYER IS
 HIRING, EMPLOYING, OR OTHERWISE PERMITTING MINORS TO WORK ONLY IN  POSI-
 TIONS FOR THE EMPLOYER AS PERMITTED BY LAW, RULE, OR REGULATION IN ORDER
 TO ENSURE THEIR HEALTH, SAFETY, AND WELL-BEING; AND
   (F) ANY OTHER INFORMATION DEEMED APPROPRIATE BY THE COMMISSIONER.
   4.  EMPLOYER  RECORDKEEPING. AN EMPLOYER THAT IS REQUIRED TO BE REGIS-
 TERED UNDER THIS SECTION SHALL, BEFORE EMPLOYMENT BEGINS,  FILE  AT  THE
 PLACE OF THE MINOR'S EMPLOYMENT SUCH EMPLOYMENT CERTIFICATE OR PERMIT SO
 THAT  IT  MAY  BE  READILY ACCESSIBLE TO ANY PERSON AUTHORIZED BY LAW TO
 EXAMINE SUCH DOCUMENT. AN EMPLOYER'S ELECTRONIC ACCESS TO  SUCH  EMPLOY-
 MENT  CERTIFICATE  OR PERMIT IN THE DATABASE SHALL MEET THE REQUIREMENTS
 OF THIS SUBDIVISION.
   5. MINOR REGISTRATION. ANY MINOR UNDER THE AGE OF EIGHTEEN  WHO  PLANS
 TO  WORK  FOR AN EMPLOYER WITHIN THE STATE SHALL COMPLETE A REGISTRATION
 IN THE DATABASE FOR ANY EMPLOYMENT CERTIFICATE OR PERMIT.  ALL  INFORMA-
 TION  PERTAINING  TO  THE  MINOR  SHALL BE CONFIDENTIAL AND SHALL NOT BE
 ACCESSIBLE BY THE PUBLIC. IF THE MINOR PLANS TO  WORK  FOR  A  DIFFERENT
 EMPLOYER,  OR  FOR AN EMPLOYER IN ADDITION TO THE EMPLOYER FOR WHICH THE
 MINOR FIRST REGISTERED, THE MINOR SHALL UPDATE THE MINOR'S REGISTRATION.
 THE MINOR SHALL BE REQUIRED TO SUBMIT DOCUMENTATION FOR REGISTRATION  IN
 THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT.
   6.  ISSUANCE  OF  EMPLOYMENT  CERTIFICATE  OR  PERMIT.  ANY EMPLOYMENT
 CERTIFICATE OR PERMIT ISSUED PURSUANT TO PART ONE OF ARTICLE  SIXTY-FIVE
 OF THE EDUCATION LAW SHALL BE ISSUED ELECTRONICALLY WITHIN THE DATABASE.
 ANY  APPLICATION  FOR  AN  EMPLOYMENT CERTIFICATE OR PERMIT THAT IS MADE
 PURSUANT TO PART ONE OF ARTICLE SIXTY-FIVE OF THE EDUCATION LAW SHALL BE
 MADE BY A MINOR ON A FORM PRESCRIBED BY THE  COMMISSIONER  OF  EDUCATION
 AND APPROVED BY THE DEPARTMENT.
   7.  REGULATIONS.  THE COMMISSIONER MAY PRESCRIBE REGULATIONS NECESSARY
 TO CARRY OUT THE PROVISIONS OF THIS SECTION.
 S. 3006--B                         86
 
   § 3. Subdivision 3 of section 3215-a of the education law, as  amended
 by chapter 1017 of the laws of 1971, is amended to read as follows:
   3.  Approval of form and contents. The commissioner of education shall
 prescribe or approve the form and contents of all certificates, permits,
 physical examination records, and schooling records required by part one
 of this article. The form of such certificates and permits shall also be
 subject to the approval of the [industrial] commissioner OF  LABOR.  ANY
 EMPLOYMENT  CERTIFICATE  OR PERMIT ISSUED PURSUANT TO THIS PART SHALL BE
 ISSUED ELECTRONICALLY WITHIN THE DATABASE CREATED AND MAINTAINED BY  THE
 DEPARTMENT  OF  LABOR,  IN CONSULTATION WITH THE DEPARTMENT, PURSUANT TO
 SECTION ONE HUNDRED THIRTY-FIVE OF THE LABOR LAW.
   § 4. This act shall take effect two years after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 date.
 
                                  PART Y
 
   Section 1. Paragraphs (a), (b) and (c) of subdivision 1 and paragraphs
 (a),  (b)  and  (c)  of  subdivision  2  of  section 26 of the veterans'
 services law are amended to read as follows:
   (a) A parent, [identified in 10 USC  1126  as  a  gold  star  parent,]
 SPOUSE, OR MINOR CHILD of a [veteran] SERVICE MEMBER who [heretofore has
 died  or  a  parent  of  a veteran dying hereafter] DIED WHILE ON ACTIVE
 DUTY, shall upon application to the state commissioner, be paid an annu-
 al annuity out of the treasury of the state for the sum of five  hundred
 dollars  for  such  term as such parent, SPOUSE, OR MINOR CHILD shall be
 entitled thereto under the provisions of this article. Commencing in the
 year two thousand nineteen, the amount of any annuity payable under this
 section shall be the same amount as the annuity payable in the preceding
 year plus  a  percentage  adjustment  equal  to  the  annual  percentage
 increase,  if any, for compensation and pension benefits administered by
 the United States Department of Veterans Affairs in the  previous  year.
 Such  percentage  increase  shall be rounded up to the next highest one-
 tenth of one percent and shall not be less than  one  percent  nor  more
 than  four  percent.  The  commissioner of veterans' services, not later
 than February first of each year, shall publish by any reasonable means,
 including but not limited to posting on the  department's  website,  the
 amount  of  the annuity as adjusted payable under this section. The term
 "parent" for the purposes of this section includes mother, father, step-
 mother, stepfather, mother through adoption and father through adoption.
 THE TERM "SPOUSE" FOR THE PURPOSES OF THIS SECTION  INCLUDES  NON-REMAR-
 RIED  SPOUSES  AND  REMARRIED  SPOUSES.  THE  TERM "MINOR CHILD" FOR THE
 PURPOSES OF THIS SECTION INCLUDES MINOR  BIOLOGICAL,  STEP,  OR  ADOPTED
 CHILDREN, THROUGH THE DAY BEFORE THE CHILD'S EIGHTEENTH BIRTHDAY.
   (b)  The  entitlement of any parent, SPOUSE, OR MINOR CHILD to receive
 the annuity provided by paragraph (a) of this subdivision  shall  termi-
 nate  upon  [his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR CHILD'S death
 or upon [his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR  CHILD'S  ceasing
 to  continue to be a resident of and domiciled in the state of New York,
 but such entitlement may be reinstated upon  application  to  the  state
 commissioner,  if  such  parent, SPOUSE, OR MINOR CHILD shall thereafter
 resume [his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR CHILD'S  residence
 and domicile in the state.
 S. 3006--B                         87
 
   (c) The effective date of an award of the annuity to a parent, SPOUSE,
 OR  MINOR  CHILD shall be the day after the date of death of the veteran
 if the application therefor is received within one  year  from  date  of
 death.  If the application is received after the expiration of the first
 year  following the date of the death of the veteran, the effective date
 of an award of the annuity to a parent, SPOUSE, OR MINOR CHILD shall  be
 the date of receipt of the application by the state commissioner. If the
 application is denied but is granted at a later date upon an application
 for  reconsideration  based upon new evidence, the effective date of the
 award of the annuity to a parent, SPOUSE, OR MINOR CHILD  shall  be  the
 date  of the receipt of the application for reconsideration by the state
 commissioner.
   (a) Any gold star parent, SPOUSE, OR MINOR CHILD, who is  the  parent,
 SPOUSE,  OR  MINOR CHILD of a deceased veteran, and who is a resident of
 and domiciled in the state of New York, shall make  application  to  the
 department.
   (b)  No  entitlement shall be paid under this section to or for a gold
 star parent, SPOUSE, OR MINOR CHILD who  is  in  prison  in  a  federal,
 state,  or local penal institution as a result of conviction of a felony
 or misdemeanor for any part of the period beginning sixty-one days after
 [his or her] SUCH PARENT'S,  SPOUSE'S,  OR  MINOR  CHILD'S  imprisonment
 begins  and  ending  with [his or her] SUCH PARENT'S, SPOUSE'S, OR MINOR
 CHILD'S release.
   (c) Where one or more gold star parents OR MINOR CHILDREN are disqual-
 ified for the annuity for a period under paragraph (b) of this  subdivi-
 sion,  the  state commissioner shall pay the shares of such disqualified
 parents to the other parents OR MINOR CHILDREN, if they meet the  quali-
 fications on their own.
   § 2. This act shall take effect immediately.
 
                                  PART Z
 
   Section  1.  Subdivision  1  of  section  297 of the executive law, as
 amended by chapter 304 of the laws  of  2021,  is  amended  to  read  as
 follows:
   1.  Any  person claiming to be aggrieved by an unlawful discriminatory
 practice may, by [himself or herself] SUCH PERSON or [his or  her]  SUCH
 PERSON'S  attorney-at-law,  make,  sign  and  file  with  the division a
 complaint in writing under oath or by declaration which shall state  the
 name  and  address  of the person alleged to have committed the unlawful
 discriminatory practice complained of and  which  shall  set  forth  the
 particulars  thereof  and  contain  such  other  information  as  may be
 required by the division.  THE DIVISION MAY DESIGNATE  A  REQUIRED  FORM
 AND  PROCEDURES  FOR  MAKING,  SIGNING,  AND  FILING SUCH COMPLAINT. The
 commissioner of labor or the attorney general, or the executive director
 of the justice center for the protection of people with  special  needs,
 or  the  division  on its own motion may, in like manner, make, sign and
 file such complaint. In connection with the filing  of  such  complaint,
 the  attorney  general  is authorized to take proof, issue subpoenas and
 administer oaths in the manner provided in the civil  practice  law  and
 rules. Any employer whose employees, or some of them, refuse or threaten
 to  refuse  to  cooperate  with the provisions of this article, may file
 with the division a verified complaint asking for assistance by  concil-
 iation or other remedial action.
 S. 3006--B                         88
 
   § 2. Paragraph c of subdivision 3 of section 297 of the executive law,
 as  amended  by  chapter  166 of the laws of 2000, is amended to read as
 follows:
   c. If the division finds that noticing the complaint for hearing would
 be undesirable, the division may, in its unreviewable discretion, at any
 time prior to a hearing before a hearing examiner, dismiss the complaint
 on  the  grounds  of  administrative  convenience. [However, in cases of
 housing discrimination only,  an  administrative  convenience  dismissal
 will  not be rendered without the consent of the complainant.] The divi-
 sion may, subject to judicial  review,  dismiss  the  complaint  on  the
 grounds  of  untimeliness if the complaint is untimely or on the grounds
 that the election of remedies is annulled.
   § 3. The state finance law is amended by adding a new section 80-b  to
 read as follows:
   §  80-B. DISCRIMINATION COMPLAINTS ESCROW FUND. 1. NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW, RULE, REGULATION, OR PRACTICE TO  THE  CONTRARY,
 THERE IS HEREBY ESTABLISHED IN THE SOLE CUSTODY OF THE DIVISION OF HUMAN
 RIGHTS  COMMISSIONER  A  TRUST  AND  AGENCY  FUND,  TO  BE  KNOWN AS THE
 "DISCRIMINATION COMPLAINTS ESCROW FUND" WHICH SHALL BE AVAILABLE WITHOUT
 FISCAL YEAR LIMITATION.
   2. THE DISCRIMINATION COMPLAINTS ESCROW FUND SHALL CONSIST OF  CONCIL-
 IATION  FUNDS, SETTLEMENT FUNDS, AND ANY OTHER MONETARY AWARDS THE DIVI-
 SION OF HUMAN RIGHTS RECEIVES FROM DISCRIMINATION COMPLAINT  RESPONDENTS
 FOR THE SOLE PURPOSE OF COMPENSATING THE CORRESPONDING COMPLAINANTS.
   3.  THE  DIVISION OF HUMAN RIGHTS COMMISSIONER, OR SUCH COMMISSIONER'S
 DESIGNEE, SHALL ONLY EXPEND DISCRIMINATION COMPLAINTS ESCROW FUND MONIES
 FOR THE PURPOSES  OF  COMPENSATING  A  COMPLAINANT  WHOSE  CONCILIATION,
 SETTLEMENT, OR AWARD MONIES WERE DEPOSITED INTO THE ESCROW FUND.
   §  4.  Section  295  of  the  executive law is amended by adding a new
 subdivision 19 to read as follows:
   19. TO MANAGE THE DISCRIMINATION COMPLAINTS ESCROW FUND, INCLUDING BUT
 NOT LIMITED TO AUTHORIZING THE RECEIPT OF FUNDS AND PAYMENT OF MONIES IN
 ACCORDANCE WITH SECTION EIGHTY-B OF THE STATE FINANCE LAW.
   § 5. This act shall take effect immediately; provided,  however,  that
 sections  three  and four of this act shall take effect on the thirtieth
 day after it shall have become a law.
 
                                  PART AA
 
   Section 1.  On or before September 1, 2025, the commissioner of educa-
 tion shall submit a report to the governor, the speaker of the assembly,
 and the temporary president of the senate providing information  regard-
 ing  usage,  budgeting,  staffing, assets, and functions of the New York
 state museum in a form and manner as determined by the director  of  the
 budget.    Such report shall include but not be limited to the following
 information:
   1. Annual statistics for state fiscal years  2004-05  through  2024-25
 for the following categories:
   (a) visitorship by month;
   (b) philanthropic donations, either monetary or in-kind;
   (c) school student visitorship;
   (d) marketing, advertising, and promotional expenditures;
   (e) staffing levels and expenditures for each office of the museum;
   (f) capital expenditures;
   (g) museum revenue from sources other than state aid; and
   (h) balance of total revenues and operating expenses;
 S. 3006--B                         89
 
   2.  A  summary  of current agreements with other cultural institutions
 regarding loan or exchange of collections;
   3. Current collections on display and length of time on display;
   4. Current collections in possession of the museum but not on display;
   5. New collections scheduled to go on display in the next five years;
   6. A listing of special events, exhibitions, tours, limited or travel-
 ing  displays,  and  other  events not included in information regarding
 normal displayed collections over the prior five years;
   7. A listing of any ancillary services provided at the museum, includ-
 ing but not limited to food service, retail, or walking tours; and
   8. Usage over the prior five years of the state museum  collection  by
 federal  agencies, New York state agencies, local governments, and other
 governmental entities, whether for display or research purposes.
   § 2. On or before September  1,  2026  and  annually  thereafter,  the
 commissioner  shall  submit a report to the governor, the speaker of the
 assembly, and the temporary president of the  senate  including  updated
 information  from the prior state fiscal year supplementing the informa-
 tion provided in the report required by section one of this act.
   § 3. This act shall take effect immediately.
 
                                  PART BB
 
   Section 1. Section 458-a of the real property tax law  is  amended  by
 adding a new subdivision 11 to read as follows:
   11. A COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT MAY ADOPT A LOCAL
 LAW  OR  RESOLUTION  TO  INCLUDE  THE PRIMARY RESIDENCE OF ANY SERIOUSLY
 DISABLED VETERAN WHO:
   (A)(I) WAS DISCHARGED OR RELEASED  THEREFROM  UNDER  HONORABLE  CONDI-
 TIONS;
   (II)  HAS  A  QUALIFYING  CONDITION,  AS DEFINED IN SECTION ONE OF THE
 VETERANS' SERVICES LAW, AND HAS RECEIVED  A  DISCHARGE  OTHER  THAN  BAD
 CONDUCT OR DISHONORABLE FROM SUCH SERVICE; OR
   (III)  IS  A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION ONE OF THE
 VETERANS' SERVICES LAW, AND HAS RECEIVED  A  DISCHARGE  OTHER  THAN  BAD
 CONDUCT OR DISHONORABLE FROM SUCH SERVICE; AND
   (B)  (I)  IS  CONSIDERED  TO  BE PERMANENTLY AND TOTALLY DISABLED AS A
 RESULT OF MILITARY SERVICE;
   (II) IS RATED ONE  HUNDRED  PERCENT  DISABLED  BY  THE  UNITED  STATES
 DEPARTMENT OF VETERANS AFFAIRS;
   (III)  HAS  BEEN  RATED  BY  THE  UNITED STATES DEPARTMENT OF VETERANS
 AFFAIRS AS INDIVIDUALLY UNEMPLOYABLE; AND
   (IV) WHO IS ELIGIBLE FOR PECUNIARY ASSISTANCE FROM THE  UNITED  STATES
 GOVERNMENT,  OR HAS RECEIVED PECUNIARY ASSISTANCE FROM THE UNITED STATES
 GOVERNMENT AND HAS APPLIED SUCH ASSISTANCE  TOWARD  THE  ACQUISITION  OR
 MODIFICATION OF A SUITABLE HOUSING UNIT WITH SPECIAL FEATURES OR MOVABLE
 FACILITIES  MADE NECESSARY BY THE NATURE OF THE VETERAN'S DISABILITY AND
 THE NECESSARY LAW THEREFOR SHALL  BE  FULLY  EXEMPT  FROM  TAXATION  AND
 SPECIAL  DISTRICT  CHARGES,  ASSESSMENTS  AND SPECIAL AD VALOREM LEVIES,
 PROVIDED THAT SUCH VETERAN MEETS ALL OTHER REQUIREMENTS OF THIS SECTION.
   § 2. This act shall take effect immediately and shall apply to assess-
 ment rolls prepared on and after January 2, 2026.
 
                                  PART CC
 S. 3006--B                         90
 
   Section 1. Subdivision 14 of section 131-a of the social services law,
 as amended by section 1 of part ZZ of chapter 59 of the laws of 2018, is
 amended to read as follows:
   14.  In  determining the [need for] AMOUNT OF aid provided pursuant to
 public assistance programs, each person living with medically  diagnosed
 HIV  infection  [as  defined  by the AIDS institute of the department of
 health in social services districts with a population over five million]
 who APPLIES FOR OR is receiving [services through such district's admin-
 istrative unit providing HIV/AIDS services,] public assistance  and  HAS
 earned  and/or unearned income, UP TO TWO HUNDRED PERCENT OF THE FEDERAL
 POVERTY GUIDELINES, shall not  be  required  to  pay  more  than  thirty
 percent  of  [his  or  her] SUCH PERSON'S monthly earned and/or unearned
 income toward the cost of rent that such person has a direct  obligation
 to  pay;  this  provision shall not apply to THE AMOUNT OF PAYMENT OBLI-
 GATIONS FOR room and board arrangements ATTRIBUTABLE TO THE PROVISION OF
 GOODS AND SERVICES OTHER THAN LIVING SPACE.
   § 2. Subdivision 15 of section 131-a of the  social  services  law  is
 REPEALED and a new subdivision 15 is added to read as follows:
   15. NOTWITHSTANDING THE PROVISIONS OF THIS CHAPTER OR OF ANY OTHER LAW
 OR REGULATION TO THE CONTRARY, IN DETERMINING THE AMOUNT OF AID PROVIDED
 PURSUANT  TO PUBLIC ASSISTANCE PROGRAMS, SOCIAL SERVICE DISTRICTS SHALL,
 UPON APPLICATION, PROVIDE ACCESS TO EMERGENCY  SHELTER,  TRANSPORTATION,
 OR  NUTRITION  PAYMENTS  WHICH  THE DISTRICT DETERMINES ARE NECESSARY TO
 ESTABLISH OR MAINTAIN  INDEPENDENT  LIVING  ARRANGEMENTS  AMONG  PERSONS
 LIVING WITH MEDICALLY DIAGNOSED HIV INFECTION WHO ARE HOMELESS OR FACING
 HOMELESSNESS AND FOR WHOM NO VIABLE AND LESS COSTLY ALTERNATIVE TO HOUS-
 ING  IS AVAILABLE, INCLUDING HIV EMERGENCY SHELTER ALLOWANCE PAYMENTS IN
 EXCESS OF THOSE PROMULGATED BY THE OFFICE OF  TEMPORARY  AND  DISABILITY
 ASSISTANCE  BUT  NOT  EXCEEDING  AN AMOUNT REASONABLY APPROXIMATE TO ONE
 HUNDRED TEN PERCENT OF FAIR MARKET RENT AS  DETERMINED  BY  THE  FEDERAL
 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
   §  3.  Section 131 of the social services law is amended by adding two
 new subdivisions 21 and 22 to read as follows:
   21. WHEN NECESSARY, EACH LOCAL SOCIAL SERVICES DISTRICT  SHALL  ASSIST
 PERSONS  WITH MEDICALLY DIAGNOSED HIV INFECTION BY (I) HELPING TO SECURE
 THE REQUIRED DOCUMENTATION TO DETERMINE ELIGIBILITY FOR ASSISTANCE, (II)
 ARRANGING FOR REQUIRED FACE-TO-FACE INTERVIEWS TO  BE  CONDUCTED  DURING
 HOME VISITS OR AT OTHER APPROPRIATE SITES, AND (III) PROVIDING REFERRALS
 FOR  SERVICES  AS  WELL AS OTHER RESOURCES AND MATERIALS AS DESCRIBED IN
 SUBDIVISION TWENTY-TWO OF THIS SECTION.
   22. THE OFFICE, IN CONSULTATION WITH THE DEPARTMENT OF  HEALTH,  SHALL
 CREATE,  MAINTAIN,  AND  PERIODICALLY UPDATE INFORMATION ON THE OFFICE'S
 WEBSITE REGARDING RESOURCES AND SERVICES THROUGHOUT THE STATE, INCLUDING
 THE LOCATION OF SUCH SERVICES, WHICH SHALL INCLUDE BUT  NOT  BE  LIMITED
 TO,  COMMUNITY  BASED  SUPPORTS,  EMPLOYMENT  OPPORTUNITIES, AND MEDICAL
 PROFESSIONALS SPECIALIZED IN ASSISTING SUCH PERSONS WITH MEDICALLY DIAG-
 NOSED HIV  INFECTION  TO  BE  UTILIZED  BY  THE  LOCAL  SOCIAL  SERVICES
 DISTRICTS. SUCH INFORMATION SHALL ALSO BE MADE AVAILABLE ON THE OFFICE'S
 WEBSITE.
   §  4.  Paragraphs  f  and  (g)  of subdivision 1 of section 153 of the
 social services law, paragraph f as amended by chapter 81 of the laws of
 1995 and paragraph (g) as amended by chapter 471 of the  laws  of  1980,
 are amended and a new paragraph h is added to read as follows:
   f.  the  full  amount  expended  by any district, city, town or Indian
 tribe for the costs, including the costs  of  administration  of  public
 assistance and care to eligible needy Indians and members of their fami-
 S. 3006--B                         91
 
 lies  residing  on  any  Indian  reservation  in this state, after first
 deducting therefrom  any  federal  funds  properly  received  or  to  be
 received on account thereof[.];
   [(g)]  G.  fifty per centum of the amount expended for substance abuse
 services pursuant to this chapter, after first deducting  therefrom  any
 federal funds properly received or to be received on account thereof. In
 the  event  funds  appropriated  for  such  services are insufficient to
 provide full reimbursement of the total of the amounts  claimed  by  all
 social  services  districts  pursuant to this section then reimbursement
 shall be in such proportion as each claim bears to such total[.]; AND
   H. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, ONE HUNDRED  PER
 CENTUM  OF  SAFETY  NET  OR  FAMILY  ASSISTANCE  EXPENDITURES, IN SOCIAL
 SERVICES DISTRICTS WITH A POPULATION OF FIVE MILLION OR FEWER,  FOR  HIV
 EMERGENCY  SHELTER  ALLOWANCE PAYMENTS IN EXCESS OF THOSE PROMULGATED BY
 THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE BUT NOT  EXCEEDING  AN
 AMOUNT  REASONABLY APPROXIMATE TO ONE HUNDRED TEN PERCENT OF FAIR MARKET
 RENT AS DETERMINED BY THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVEL-
 OPMENT, AND FOR TRANSPORTATION OR NUTRITION PAYMENTS, WHICH THE DISTRICT
 DETERMINES ARE NECESSARY TO ESTABLISH  OR  MAINTAIN  INDEPENDENT  LIVING
 ARRANGEMENTS AMONG PERSONS LIVING WITH MEDICALLY DIAGNOSED HIV INFECTION
 AND  WHO  ARE HOMELESS OR FACING HOMELESSNESS AND FOR WHOM NO VIABLE AND
 LESS COSTLY ALTERNATIVE TO HOUSING IS AVAILABLE, AFTER  FIRST  DEDUCTING
 THEREFROM  ANY  FEDERAL  FUNDS  PROPERLY  RECEIVED  OR TO BE RECEIVED ON
 ACCOUNT THEREOF.
   § 5. This act shall take effect January 1, 2026.
 
                                  PART DD
 
   Section 1. Section 131-a of the social  services  law  is  amended  by
 adding a new subdivision 6 to read as follows:
   6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A SOCIAL SERVICES OFFI-
 CIAL  SHALL,  IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, PROVIDE
 PUBLIC ASSISTANCE TO PERSONS AND FAMILIES WHO RECEIVE TEMPORARY  HOUSING
 ASSISTANCE  AND  THREE  MEALS  PER  DAY,  OR WHO RESIDE IN A SHELTER FOR
 ADULTS THAT PROVIDES THREE MEALS PER DAY, OR WHO RESIDE IN A SHELTER FOR
 FAMILIES THAT PROVIDES THREE MEALS PER DAY, OR WHO RESIDE  IN  A  PUBLIC
 HOME  THAT PROVIDES THREE MEALS PER DAY, AND ARE DETERMINED TO BE ELIGI-
 BLE BY THE APPLICATION  OF  THE  STANDARD  OF  NEED  PRESCRIBED  BY  THE
 PROVISIONS OF SUBDIVISION TWO OF THIS SECTION, LESS ANY AVAILABLE INCOME
 OR  RESOURCES  WHICH  ARE  NOT  REQUIRED  TO  BE  DISREGARDED  BY  OTHER
 PROVISIONS OF THIS CHAPTER, IN ACCORDANCE WITH THE FOLLOWING SCHEDULE:
                      NUMBER OF PERSONS IN HOUSEHOLD
     ONE         TWO         THREE       FOUR        FIVE        SIX
     $366.20     $583.00     $778.00     $1003.40    $1237.40    $1428.40
   FOR EACH ADDITIONAL ELIGIBLE NEEDY PERSON IN THE HOUSEHOLD THERE SHALL
 BE AN ADDITIONAL ALLOWANCE OF $195.00 MONTHLY.
   § 2. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.
 
                                  PART EE
 
   Section  1. Subdivision 1 of section 350 of the social services law is
 amended by adding a new paragraph (c) to read as follows:
   (C) IN ACCORDANCE WITH THE REGULATIONS OF THE DEPARTMENT  APPROVED  BY
 THE  DIRECTOR  OF THE BUDGET, ALLOWANCES GRANTED UNDER THE PROVISIONS OF
 THIS TITLE MAY INCLUDE THE COSTS OF DIAPERS FOR AN ELIGIBLE  CHILD,  TWO
 S. 3006--B                         92
 
 YEARS  OF  AGE  OR  YOUNGER.  SUCH  ALLOWANCES  SHALL  NOT EXCEED EIGHTY
 DOLLARS, EVERY THREE MONTHS, PER ELIGIBLE CHILD.
   §  2. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law.
 
                                  PART FF
 
   Section 1. (a) There is hereby established a fiscal cliff  task  force
 to  study  fiscal  cliffs  in the state's public assistance programs and
 make recommendations on how to reduce and eliminate such fiscal  cliffs.
 For  the  purposes of this section, the term "fiscal cliff" shall mean a
 sudden decrease in public benefits that can occur with a small  increase
 in earnings.
   (b)  (i)  The  task  force  shall consist of nineteen members, each to
 serve for a term  ending  December  31,  2027.  Such  members  shall  be
 appointed  as follows:   two members shall be appointed by the temporary
 president of the senate; one member shall be appointed by  the  minority
 leader  of  the senate; two members shall be appointed by the speaker of
 the assembly; one member shall be appointed by the  minority  leader  of
 the  assembly;  five  members  shall be appointed by the governor; three
 local social services district commissioners or their  designees  having
 relevant  experience in administering public benefits shall be appointed
 by the governor, of which one district shall have five million  or  more
 inhabitants;  the commissioner of the office of temporary and disability
 assistance or their designee; the commissioner of health or their desig-
 nee; the commissioner of taxation and finance  or  their  designee;  the
 commissioner  of  the department of labor or their designee; the commis-
 sioner of the office of children and family services or their  designee.
 Appointments  shall  be  made within sixty days of the effective date of
 this section. Vacancies in the task force shall be filled in the  manner
 provided for original appointments.
   (ii) All appointments shall be coordinated to ensure geographic repre-
 sentation from the entire state.
   (iii) The task force shall elect a chair, vice-chair, and other neces-
 sary officers from among all appointed members.
   (iv)  A majority of the members of the task force then in office shall
 constitute a quorum for the transaction of business or the  exercise  of
 any  power or function of the task force. An act, determination or deci-
 sion of the majority of the members present during  the  presence  of  a
 quorum  shall  be  held to be the act, determination, or decision of the
 task force.
   (v) The task force shall meet at least quarterly at the  call  of  the
 chair.  Meetings may be held via teleconference. Special meetings may be
 called by the chair at the request of a majority of the members  of  the
 task force.
   (vi) Members of the task force shall receive no compensation for their
 services  but  shall be reimbursed for their actual expenses incurred in
 the performance of their duties in the work of the task force.
   (c) The task force shall:
   (i) conduct a study on the fiscal cliffs  in  the  state.  Such  study
 shall  include,  but  not be limited to: public assistance programs; the
 supplemental  nutrition  assistance  program  (SNAP);  the  home  energy
 assistance program (HEAP); housing assistance; the child care tax credit
 and  other  tax  credits; the school tax relief program (STAR) and other
 real property tax credits and reductions; Medicaid; NY state of  health,
 the  official  health  plan  marketplace;  child  care subsidies tied to
 S. 3006--B                         93

 income; cash benefits; effective tax rates; and  any  other  program  or
 service provided by the state or any political subdivision thereof which
 is tied to income;
   (ii)  study the causes and reasons why fiscal cliffs occur to individ-
 uals on public benefits, including but not limited  to,  the  impact  of
 current  public  assistance  programs  monetary allotments, asset tests,
 asset limits, and income disregards, as well as  how  minimum  wage  and
 other earnings may impact those receiving public benefits; and
   (iii)  recommend ways to reduce and/or eliminate fiscal cliffs includ-
 ing, but not limited to, recommending program and policy  modifications,
 amendments  to the law, including but not limited to possible changes in
 calculating and paying the earned income tax credit or other  tax  cred-
 its, changes to the New York codes, rules and regulations, and any other
 recommendation the task force deems appropriate.
   (d) The task force may, as it deems appropriate, request that studies,
 surveys,  or  analyses relating to the task force's powers and duties be
 performed by any state department, commission, agency or public authori-
 ty. All state departments, commissions, agencies or  public  authorities
 shall  provide  information  and advice in a timely manner and otherwise
 assist the task force with its work.
   (e) The office of temporary and disability  assistance  shall  provide
 staff  services  to the task force and such other administrative assist-
 ance as may be necessary for the task force to  carry  out  its  duties,
 functions and powers.
   (f) The task force shall make a preliminary report to the governor and
 the legislature of its findings, conclusions, recommendations and activ-
 ities  already  undertaken  by the task force, not later than January 1,
 2027, and a final report of its findings,  conclusions,  recommendations
 and  activities  already  undertaken  by  the task force, not later than
 September  1,  2027  and  shall  submit  with  its  reports  legislative
 proposals as it deems necessary to implement its recommendations.
   §  2.  This  act  shall take effect immediately and shall expire three
 years after it  shall  have  become  a  law  when  upon  such  date  the
 provisions of this act shall be deemed repealed.
 
                                  PART GG
 
   Section  1.  Section  410-x  of  the social services law is amended by
 adding a new subdivision 11 to read as follows:
   11. A SOCIAL SERVICES DISTRICT SHALL  PROVIDE  CHILD  CARE  ASSISTANCE
 FUNDED  UNDER  THE  BLOCK GRANT FOR ADDITIONAL OR DIFFERENT HOURS THAN A
 PARENT OR CARETAKER SPENDS IN WORK, TRAINING, EDUCATIONAL ACTIVITIES  OR
 OTHER REASONS FOR CARE DESIGNATED BY THE SOCIAL SERVICES DISTRICT IN ITS
 CONSOLIDATED  SERVICES PLAN IN ACCORDANCE WITH PARAGRAPH (E) OF SUBDIVI-
 SION ONE OF SECTION FOUR HUNDRED TEN-W OF THIS TITLE, INCLUDING, BUT NOT
 LIMITED TO, PAYING FOR FULL-TIME CHILD CARE ASSISTANCE REGARDLESS OF THE
 HOURS OF THE ACTIVITY OF THE PARENT'S OR CARETAKER'S REASON FOR CARE.
   § 2. Section 410-w of the social services law is amended by  adding  a
 new subdivision 1-a to read as follows:
   1-A.  FOR  ALL FAMILIES ELIGIBLE FOR CHILD CARE ASSISTANCE PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION, A SOCIAL SERVICES  DISTRICT  SHALL  NOT
 LIMIT  AUTHORIZED CHILD CARE SERVICES STRICTLY BASED ON THE HOURS DURING
 WHICH THE PARENT OR CARETAKER IS ENGAGED IN  WORK,  EDUCATION  OR  OTHER
 ACTIVITY  OR  THE  NUMBER OF HOURS THE PARENT OR CARETAKER IS ENGAGED IN
 ANY SUCH REASONS FOR CARE.
   § 3. This act shall take effect May 30, 2026.
 S. 3006--B                         94
 
                                  PART HH
 
   Section  1.  Subparagraph  (xiii) of paragraph (a) of subdivision 8 of
 section 131-a of the social services law, as added by section 2 of  part
 X of chapter 56 of the laws of 2023, is amended to read as follows:
   (xiii)  once  during the lifetime of a recipient of public assistance,
 all of the earned income of such recipient will be disregarded following
 job entry, provided that such exemption of income for purposes of public
 assistance eligibility shall be for no more than six consecutive  months
 from  the initial date of obtaining such employment and that the recipi-
 ent's total income shall not be more than [two] FOUR hundred percent  of
 the  federal  poverty  level. In the event a recipient moves from one to
 another social services district, this disregard shall follow the recip-
 ient.   THE COMMISSIONER SHALL SEEK  ANY  FEDERAL  WAIVER  NECESSARY  TO
 EFFECTUATE  THE ONE-TIME EARNED INCOME DISREGARD PURSUANT TO THIS SUBDI-
 VISION.
   § 2. This act shall take effect January 1, 2026.
 
                                  PART II
 
   Section 1. Section 410-w of the social  services  law  is  amended  by
 adding a new subdivision 11 to read as follows:
   11.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
 THE CONTRARY, THERE SHALL BE NO MINIMUM EARNINGS REQUIREMENT FOR PARENTS
 AND CARETAKERS WHO ARE OTHERWISE  ELIGIBLE  FOR  CHILD  CARE  ASSISTANCE
 PURSUANT TO THIS SECTION TO RECEIVE SUCH ASSISTANCE.
   § 2. This act shall take effect immediately.
 
                                  PART JJ
 
   Section  1. Section 996 of the executive law, as added by section 1 of
 part MM of chapter 57 of the  laws  of  2024,  is  amended  to  read  as
 follows:
   § 996. Community  advisory board for the modernization and revitaliza-
 tion of SUNY Downstate health sciences  university.  1.  Advisory  board
 established.  (a)  There shall be established the advisory board for the
 modernization and revitalization of SUNY Downstate (hereinafter referred
 to as "the advisory board"). The advisory board shall review and examine
 a variety of options to strengthen SUNY  Downstate  and  promote  longer
 term  viability  for  its  dual  education  and  healthcare  mission. In
 conducting its study, the advisory board  will  consider  the  following
 factors:
   (i) Overall healthcare service delivery trends and models;
   (ii)  Historic  and  projected  financials  for  the  hospital and the
 campus;
   (iii) Current state of building infrastructure and capital needs;
   (iv) Community healthcare needs, outcomes, and health disparities;
   (v) Existing inpatient and outpatient  service  offerings  and  health
 outcomes;
   (vi) Capacity and availability of inpatient and outpatient services in
 the broader primary and secondary service areas;
   (vii)  Efficiency  of  operations  and  quality of healthcare services
 benchmarking; and
   (viii) Training needs for students and employment outcomes.
   2. Advisory board members. The advisory board  shall  consist  of  the
 following members: (a) the commissioner of the department of health; (b)
 S. 3006--B                         95
 
 one  representative  of  organized  labor  representing employees at the
 state university of New York pursuant to article fourteen of  the  civil
 service  law, who shall be appointed by the governor upon recommendation
 of  the  president  of  the  union  representing  the greatest number of
 employees at SUNY Downstate; (c) one member appointed by  the  temporary
 president  of the senate; (d) one member appointed by the speaker of the
 assembly; (e) three members appointed by the governor;  (f)  one  member
 appointed  by  the  governor  upon  the joint recommendation of Brooklyn
 community boards 9 and 17; and (g) the chancellor of the state universi-
 ty of New York.
   3. Outreach. The advisory board  shall  solicit  recommendations  from
 healthcare experts, county health departments, community-based organiza-
 tions,  state  and  regional  healthcare  industry  associations,  labor
 unions, experts in hospital operations, and  other  interested  parties.
 The  advisory  board  shall hold no less than three public hearings with
 requisite public notice to solicit input and  recommendations  from  any
 interested  party.    SUCH  PUBLIC  HEARINGS SHALL BE SUBJECT TO ARTICLE
 SEVEN OF PUBLIC OFFICERS LAW.
   4. Compensation. The members of the advisory board  shall  receive  no
 compensation  for  their  service as members, but shall be allowed their
 actual and necessary expenses  incurred  in  the  performance  of  their
 duties.
   5. Recommendations and report. (a) The advisory board shall complete a
 study  and  provide  written  recommendations  to  prioritize healthcare
 services provided in the SUNY Downstate service area. The written recom-
 mendations shall include a reasonable, scalable and fiscally responsible
 plan for the financial health,  viability  and  sustainability  of  SUNY
 Downstate;  provided, however, that such plan shall incorporate utiliza-
 tion  of  all  available  state  and  federally  available  appropriated
 amounts,  and  shall  not  exceed more than two hundred fifty percent of
 such amounts.
   (b) A report of the advisory board's recommendations shall be provided
 to the governor, the temporary president of the senate, and the  speaker
 of  the  assembly no later than [April] JULY first, two thousand twenty-
 five.
   6. Certificate of need. The public health and health planning  council
 and  the commissioner of health are prohibited from reviewing or approv-
 ing any certificate of need application related to a reduction in  inpa-
 tient  services  pursuant  to  any article of law or regulation that may
 affect a change to inpatient services at SUNY Downstate health  sciences
 university until at least [April] JULY first, two thousand twenty-five.
   § 2. This act shall take effect immediately.
 
                                  PART KK
 
   Section  1.  This Part enacts into law major components of legislation
 which are necessary to implement the New York healthy incentive program.
 Each component is  wholly  contained  within  a  Subpart  identified  as
 Subparts  A  through C. The effective date for each particular provision
 contained within such Subpart is set forth in the last section  of  such
 Subpart.  Any  provision  in  any  section  contained  within a Subpart,
 including the effective date of the Subpart, which makes a reference  to
 a  section  "of  this act", when used in connection with that particular
 component, shall be deemed  to  mean  and  refer  to  the  corresponding
 section of the Subpart in which it is found.  Section three of this Part
 sets forth the general effective date of this Part.
 S. 3006--B                         96
 
                                 SUBPART A
 
   Section  1. The social services law is amended by adding a new section
 95-b to read as follows:
   § 95-B. NEW YORK HEALTHY INCENTIVE PROGRAM (NYHIP).  1.    LEGISLATIVE
 FINDINGS.  THE  LEGISLATURE  HEREBY FINDS AND DECLARES THAT HEALTHY FOOD
 INCENTIVE PROGRAMS PROVIDE SIGNIFICANT HEALTH, EDUCATIONAL, SOCIAL,  AND
 ECONOMIC  BENEFITS  TO THE GENERAL PUBLIC, ESPECIALLY FOR THOSE INDIVID-
 UALS WHO HAVE HISTORICALLY BEEN EXCLUDED FROM ACCESS TO  FRESH  PRODUCE;
 IN  FOOD  DESERTS WHERE ACCESS TO HEALTHY AND AFFORDABLE FOOD IS LIMITED
 OR WHERE THERE ARE NO GROCERY STORES; AND LOCAL FARMERS WHO STRUGGLE  TO
 COMPETE  WITH  IMPORTED GOODS AND PRODUCE. FURTHERMORE, IT IS THE ARTIC-
 ULATED PUBLIC POLICY OF THIS STATE TO PROMOTE AND FOSTER GROWTH  IN  THE
 NUMBER  OF  FARM  TO  CONSUMER ENTITIES ACCEPTING SUPPLEMENTAL NUTRITION
 ASSISTANCE BENEFITS  AND  PARTICIPATE  IN  THE  HEALTHY  FOOD  INCENTIVE
 PROGRAM.  THE HEALTHY FOOD INCENTIVE PROGRAM PROVIDES EARNED DOLLARS FOR
 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM RECIPIENTS TO SPEND  ON  LOCAL
 HEALTHY FOOD THAT IS FRESH AND NUTRITIOUS FOR THOSE WHO MAY BE UNABLE TO
 READILY  AFFORD  OR  HAVE EASY ACCESS TO FRESH FRUITS AND VEGETABLES FOR
 THEMSELVES OR THEIR FAMILIES; PROMOTES HEALTHIER  INDIVIDUAL  LIFESTYLES
 BY  INCENTIVIZING BETTER EATING HABITS; FOSTERS THE RETENTION AND EXPAN-
 SION OF FARM TO CONSUMER ENTITIES, PARTICULARLY IN FOOD  INSECURE  ENVI-
 RONMENTS;  ENGENDERS A CLOSER RELATIONSHIP BETWEEN COMMUNITIES AND LOCAL
 FARMERS; INCREASES CAPACITY FOR LOCAL FARMS; AND STIMULATES LOCAL ECONO-
 MIES. IT IS THEREFORE THE INTENT OF THE LEGISLATURE AND THE  PURPOSE  OF
 THIS  SECTION TO CREATE A STATE OPERATED HEALTHY FOOD INCENTIVE PROGRAM,
 KNOWN AS THE NEW YORK HEALTHY INCENTIVE PROGRAM (NYHIP),  FOR  ALL  SNAP
 RECIPIENTS AND LOCAL ECONOMIES ACROSS THE STATE.
   2.  DEFINITIONS.  FOR THE PURPOSES OF THIS SECTION AND SECTION NINETY-
 FIVE-C OF THIS TITLE:
   A. "OFFICE" SHALL MEAN THE OFFICE OF TEMPORARY AND DISABILITY  ASSIST-
 ANCE.
   B.  "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF TEMPO-
 RARY AND DISABILITY ASSISTANCE.
   C. "FARM TO CONSUMER ENTITIES" SHALL MEAN ANY SORT OF ENTERPRISE  THAT
 ALLOWS  LOCAL  FARMERS TO SELL THEIR PRODUCE AND OTHER PRODUCTS DIRECTLY
 TO THE CONSUMER, SUCH AS FARMERS MARKETS, CO-OPS, LOCALLY SOURCED COMMU-
 NITY OWNED GROCERY  STORES,  AND  COMMUNITY  SUPPORTED  AGRICULTURE,  AS
 DETERMINED BY THE COMMISSIONER WITH INPUT FROM THE COMMISSIONER OF AGRI-
 CULTURE AND MARKETS.
   D.  "LOCAL"  OR  "LOCALLY"  SHALL MEAN LOCATED WITHIN THE STATE OF NEW
 YORK, HOWEVER, IF NEIGHBORING STATES CREATE THEIR OWN HEALTHY  INCENTIVE
 PROGRAMS  THE  OFFICE  MAY  MAKE AGREEMENTS OF RECIPROCITY TO ALLOW SNAP
 BENEFICIARIES TO EARN DOLLAR REWARDS FOR THE PURCHASE OF  HEALTHY  FOODS
 FROM SUCH NEIGHBORING STATE AND MAY PLACE A BOUNDARY LIMITATION BASED ON
 DISTANCE FROM STATE LINES.
   E.  "LOCAL  HEALTHY  FOOD"  SHALL  MEAN  ANY AGRICULTURAL PRODUCT THAT
 PROVIDES NUTRITIONAL SUPPORT TO HUMANS SUCH AS PRODUCE, DAIRY, MEAT  AND
 PROCESSED  FOODS  THAT  MUST  CONSIST  OF INGREDIENTS THAT ARE GROWN AND
 CULTIVATED IN THE STATE OF NEW YORK, BUT MAY BE PROCESSED ELSEWHERE. FOR
 THE PURPOSES OF THIS PARAGRAPH, "PROCESSED FOODS"  SHALL  MEAN  ANY  RAW
 AGRICULTURAL  COMMODITIES  THAT HAVE BEEN  MILLED, CUT, CHOPPED, HEATED,
 PASTEURIZED, BLANCHED, COOKED, CANNED, FROZEN, DRIED,  DEHYDRATED,    OR
 MIXED,  AND  SHALL  CONSIST  OF  AT  LEAST SEVENTY-FIVE PERCENT OF LOCAL
 INGREDIENTS.
 S. 3006--B                         97
 
   F. "SIMILARLY SITUATED ENTITIES" SHALL MEAN STORES OF  ANY  SIZE  THAT
 HAVE  AGREED  TO  AND SIGNED A MEMORANDUM OF UNDERSTANDING DETAILING HOW
 THEY WILL PRIORITIZE SOURCING PRODUCE AND OTHER HEALTHY  FOODS  LOCALLY,
 AGREE  TO  GOAL METRICS TO INCREASE THEIR ABILITY TO LOCALLY SOURCE, AND
 MEET  THOSE  METRICS  TO  MAINTAIN  THEIR HEALTHY FOOD INCENTIVE PROGRAM
 PARTICIPATION. FOR THE PURPOSES OF THIS PARAGRAPH, "STORES"  SHALL  MEAN
 ANY  NOT  FARM TO CONSUMER PRODUCE RETAILER THAT IS CURRENTLY AUTHORIZED
 AS AN ELECTRONIC BENEFIT TRANSFER  RETAILER,  SUCH  AS  GROCERY  STORES,
 CORNER  STORES, BODEGAS, FOOD MARTS, FOOD STORES, CONVENIENCE STORES, OR
 MARKETS.
   G. "SNAP CARD" OR "SNAP BENEFIT CARD" SHALL MEAN ANY ELECTRONIC METHOD
 IN WHICH THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM  IS  ADMINISTERED
 TO  BENEFICIARIES ON A CREDIT OR DEBIT CARD, INCLUDING THROUGH THE ELEC-
 TRONIC BENEFIT TRANSFER SYSTEM DESCRIBED IN SECTION TWENTY-ONE-A OF THIS
 CHAPTER.
   3. OFFICE POWERS AND DUTIES TO PROMULGATE PROGRAM. A.  THE  OFFICE  IS
 DIRECTED  TO  APPLY  FOR ANY NECESSARY GRANT OR WAIVER TO PARTICIPATE IN
 THE GUS SCHUMACHER NUTRITION INCENTIVE PROGRAM OR SIMILAR GRANT ADMINIS-
 TERED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE  AND  THE  NATIONAL
 INSTITUTE OF FOOD AND AGRICULTURE FOR APPROVAL, AND TO ACT FOR THE STATE
 IN  ANY  NEGOTIATIONS  RELATIVE  TO  THE SUBMISSION AND APPROVAL OF SUCH
 PLAN, WAIVER, OR GRANT, AND SHALL MAKE SUCH ARRANGEMENTS AND  TAKE  SUCH
 ACTION,  NOT  INCONSISTENT  WITH  LAW,  AS MAY BE REQUIRED TO OBTAIN AND
 RETAIN SUCH APPROVAL, TO IMPLEMENT SUCH PLAN, WAIVER, OR  GRANT  AND  TO
 SECURE FOR THE STATE THE BENEFITS AVAILABLE.
   B. THE OFFICE SHALL ACTIVELY SEARCH FOR, FIND AND APPLY FOR GRANTS AND
 OTHER  STREAMS  OF  FUNDING  TO  PROMULGATE  THIS  SECTION AND FUND THIS
 PROGRAM.
   C. THE OFFICE SHALL PROMULGATE RULES  AND  REGULATIONS  AND  TAKE  ALL
 OTHER ACTIONS NECESSARY FOR THE EFFECTIVE CREATION AND IMPLEMENTATION OF
 NYHIP, PROVIDING EARNED DOLLARS FOR SNAP BENEFICIARIES TO SPEND ON LOCAL
 HEALTHY  FOOD  THAT  IS  FRESH  AND  NUTRITIOUS, IN ACCORDANCE WITH THIS
 SECTION.  NOTHING IN THIS SECTION SHALL PROHIBIT OR  LIMIT  THE  COMMIS-
 SIONER'S  ABILITY  TO EXPAND ACCESS TO NYHIP TO ALL NEW YORKERS, SO LONG
 AS IT CONTINUES TO PRIORITIZE THE EARNED DOLLARS  USED  TO  BUY  LOCALLY
 GROWN HEALTHY FOODS. NOTHING IN THIS SECTION SHALL PROHIBIT OR LIMIT THE
 OFFICE  FROM INCLUDING NEW YORK GROWN AND CERTIFIED FOODS, AS CREATED BY
 SECTION ONE HUNDRED FIFTY-SIX-H OF THE AGRICULTURE AND MARKETS LAW, FROM
 BEING INCLUDED IN NYHIP. NYHIP SHALL INCLUDE THE FOLLOWING:
   I. A FIXED EARNED DOLLAR AMOUNT FOR  THE  PURCHASE  OF  FRESH  LOCALLY
 GROWN HEALTHY FOODS USING SNAP;
   II. AUTOMATION OF EARNED DOLLAR AMOUNTS ON SNAP CARDS;
   III.  AUTOMATION  OF SNAP BENEFIT CARDS SO SNAP BENEFICIARIES ARE ABLE
 TO PARTICIPATE IN LOCAL COMMUNITY  SUPPORTED  AGRICULTURE  SUBSCRIPTIONS
 AND EARN NYHIP DOLLARS;
   IV.  ENSURING  NYHIP IS AVAILABLE AT ALL FARM TO CONSUMER ENTITIES AND
 SIMILARLY SITUATED ENTITIES BY ENCOURAGING THEM TO PARTICIPATE;
   V. CONNECTING FARM TO CONSUMER ENTITIES AND SIMILARLY  SITUATED  ENTI-
 TIES  WITH  THE  NECESSARY  RESOURCES  AND  TECHNOLOGY TO PARTICIPATE IN
 NYHIP;
   VI. REGULAR UPDATES AND MAINTENANCE  OF  THE  MOBILE  APPLICATION  AND
 WEBSITE; AND
   VII.  CREATION  AND  MAINTENANCE OF A NYHIP OUTREACH PROGRAM TO ENSURE
 ALL SNAP BENEFICIARIES ARE AWARE OF THE OPPORTUNITY  TO  PARTICIPATE  IN
 SUCH PROGRAM.
 S. 3006--B                         98
 
   D.  THE OFFICE MAY CONTRACT WITH OUTSIDE ENTITIES TO EFFECT THE IMPLE-
 MENTATION AND PROMULGATION OF NYHIP AND SHALL  GIVE  GREATER  WEIGHT  TO
 ENTITIES THAT MANAGE HEALTHY INCENTIVE PROGRAMS IN THE STATE WHEN DETER-
 MINING CONTRACT AWARD.
   E.  THE  OFFICE  SHALL ESTABLISH A GRANT PROGRAM, FOR FARMERS, FARMERS
 MARKETS, AND COMMUNITY-SUPPORTED AGRICULTURE PARTNERSHIPS, IN  ATTAINING
 ANY  TECHNOLOGY  NEEDED  TO  TAKE  PAYMENT  FROM  SNAP BENEFICIARIES AND
 PARTICIPATE IN NYHIP. THE OFFICE, IN CONSULTATION WITH THE DEPARTMENT OF
 AGRICULTURE AND MARKETS, SHALL ESTABLISH AN OUTREACH PROGRAM  FOR  FARM-
 ERS,  FARMERS  MARKETS, AND COMMUNITY-SUPPORTED AGRICULTURE PARTNERSHIPS
 TO BE INFORMED OF NYHIP AND THE AVAILABILITY OF THE TECHNOLOGICAL  GRANT
 DESCRIBED ABOVE.
   4.  NYHIP  MOBILE  APPLICATION, WEBSITE AND INTERACTIVE MAP. A. I. THE
 OFFICE SHALL ESTABLISH A MOBILE APPLICATION AND WEBSITE TO PROMOTE NYHIP
 AND LOCATIONS AVAILABLE TO SNAP RECIPIENTS ACROSS THE STATE AND  PROMOTE
 FARM  TO  CONSUMER  ENTITIES  THAT TAKE SNAP. THE MOBILE APPLICATION AND
 WEBSITE SHALL INCLUDE, BUT IS NOT LIMITED TO:
   A. NAME, LOCATION, HOURS OF OPERATION, CONTACT INFORMATION, AND HYPER-
 LINKS, AS AVAILABLE, TO ALL FARM TO CONSUMER ENTITIES THAT SELL  LOCALLY
 GROWN HEALTHY FOOD AND ACCEPT SNAP BENEFITS; AND
   B. NAME, LOCATION, HOURS OF OPERATION, CONTACT INFORMATION, AND HYPER-
 LINKS,  AS  AVAILABLE, TO ALL FARMERS MARKETS, MOBILE MARKETS, COMMUNITY
 SUPPORTED AGRICULTURE, OR SIMILARLY SITUATED ENTITIES THAT SELL  LOCALLY
 GROWN HEALTHY FOOD THAT ARE PARTICIPANTS OF NYHIP.
   II.  THE MOBILE APPLICATION AND WEBSITE SHOULD HAVE AN INTERACTIVE MAP
 WHERE A USER MAY FIND FARM TO CONSUMER ENTITIES THAT TAKE SNAP  AND  ARE
 NYHIP  PARTICIPANTS.  THIS  INFORMATION  SHOULD  ALSO  BE  SEARCHABLE BY
 TOWN/CITY, COUNTY, REGION OR ANY OTHER CRITERIA THE  COMMISSIONER  DEEMS
 RELEVANT.
   III. THE MOBILE APPLICATION AND WEBSITE SHOULD MAKE CLEAR DISTINCTIONS
 BETWEEN FARM TO CONSUMER ENTITIES THAT JUST TAKE SNAP AND THOSE THAT ARE
 PARTICIPANTS OF NYHIP.
   B.  EACH  COMMISSIONER  OF  SOCIAL  SERVICES SHALL PROVIDE INFORMATION
 REGARDING NYHIP ON THEIR WEBSITE  AND  HYPERLINKS  TO  THIS  INTERACTIVE
 WEBSITE  AND  WHERE TO DOWNLOAD THE MOBILE APPLICATION ON THE SNAP PAGES
 OF ALL SOCIAL SERVICES WEBSITES.
   C. THE OFFICE SHALL ESTABLISH PROCEDURES FOR FARM TO CONSUMER ENTITIES
 THAT ACCEPT SNAP BENEFITS AND NYHIP TO PROVIDE THE  UPDATED  INFORMATION
 DETAILED  ABOVE  FOR  THE  MOBILE APPLICATION AND WEBSITE. IN DEVELOPING
 SUCH PROCEDURES, THE OFFICE SHALL PROVIDE A SYSTEM IN WHICH THE INFORMA-
 TION REQUIRED IN THE MOBILE APPLICATION AND WEBSITE IS  UPDATED  MONTHLY
 AND CONTINUOUS MAINTENANCE IS PROVIDED.
   D.  THE  OFFICE  SHALL  PROMULGATE  RULES AND REGULATIONS AND TAKE ALL
 OTHER  ACTIONS  NECESSARY  FOR  THE  EFFECTIVE  IMPLEMENTATION  OF  THIS
 SECTION.    NOTHING  IN THIS SECTION SHALL PROHIBIT OR LIMIT THE DEPART-
 MENT'S ABILITY TO EXPAND ACCESS TO THE NYHIP INCENTIVE  PROGRAM  MAP  TO
 ALL NEW YORKERS.
   § 2. This act shall take effect January 1, 2026. Effective  immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such date.
 
                                 SUBPART B
 
   Section  1. Section 95 of the social services law is amended by adding
 a new subdivision 12 to read as follows:
 S. 3006--B                         99
 
   12. (A) THE OFFICE SHALL PROMPTLY SEEK ANY  NECESSARY  APPROVALS  FROM
 THE  UNITED  STATES DEPARTMENT OF AGRICULTURE FOOD AND NUTRITION SERVICE
 (USDA) TO AUTOMATE THE USE OF SNAP BENEFIT CARDS TO STREAMLINE THE PROC-
 ESS FOR POTENTIAL AND CURRENT RECIPIENTS TO PARTICIPATE IN LOCALLY GROWN
 FRESH  FOOD  SUBSCRIPTION SERVICES, SUCH AS COMMUNITY SUPPORTED AGRICUL-
 TURE PARTNERSHIPS, BY CONDUCTING AN  AUTOMATIC  DEDUCTION  ON  A  WEEKLY
 BASIS.  THE  OFFICE  SHALL ALSO CREATE AN AUTOMATION PROCESS FOR THE NEW
 YORK HEALTHY INCENTIVE PROGRAM (NYHIP) AS PRESCRIBED IN SECTION  NINETY-
 FIVE-B  OF  THIS  TITLE, BY ALLOWING THE STATE TO ADD THE ACCRUED INCEN-
 TIVES DIRECTLY TO A SNAP CARD. ONCE THE OFFICE RECEIVES THE WAIVER,  THE
 OFFICE  SHALL WORK WITH THE USDA AND NYHIP TO ENSURE THAT ANY INCENTIVES
 ACCRUED ARE USED BY SNAP BENEFICIARIES TO PURCHASE LOCAL  FOOD  THAT  IS
 FRESH  AND  NUTRITIOUS  FOR THOSE WHO MAY BE UNABLE TO READILY AFFORD OR
 HAVE EASY ACCESS TO FRESH FRUITS AND VEGETABLES FOR THEMSELVES OR  THEIR
 FAMILIES.  THE  OFFICE  SHALL PROMPTLY SEEK ANY NECESSARY APPROVALS FROM
 THE USDA IN ORDER TO MAXIMIZE AVAILABILITY OF NYHIP  PURCHASING  OPTIONS
 THROUGHOUT THE STATE.
   (B) THE OFFICE SHALL ENSURE SNAP BENEFICIARIES AND LOCALLY GROWN FRESH
 FOOD  SUBSCRIPTION  SERVICES,  SUCH  AS  COMMUNITY SUPPORTED AGRICULTURE
 PARTNERSHIPS, ARE HELD HARMLESS UNDER SITUATIONS IN WHICH SNAP BENEFICI-
 ARIES LOSE BENEFITS DURING THEIR SUBSCRIPTION CONTRACT. THE OFFICE SHALL
 HONOR THE ENTIRETY OF THE SUBSCRIPTION SERVICE CONTRACT AT  THE  EXPENSE
 OF THE STATE.
   (C)    WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS
 SUBDIVISION, THE OFFICE SHALL APPLY FOR A WAIVER OR ANY OTHER  NECESSARY
 MEASURE  TO THE USDA TO AUTOMATE THE USE OF SNAP IN THE STATE TO STREAM-
 LINE NYHIP AND INCREASE ACCESS TO LOCALLY GROWN CSA SUBSCRIPTIONS.
   (D) FOR THE PURPOSES OF THIS SUBDIVISION, "COMMUNITY  SUPPORTED  AGRI-
 CULTURE PARTNERSHIPS" OR "CSA" SHALL MEAN A SYSTEM THAT CONNECTS FARMERS
 AND CONSUMERS BY ALLOWING THE CONSUMER TO INVEST IN FARMERS BY SUBSCRIB-
 ING  TO  A  HARVEST OF A CERTAIN FARM OR GROUP OF FARMS, USUALLY DONE BY
 CROP SEASON BUT MAY BE YEAR ROUND.
   § 2. This act shall take effect January 1, 2026. Effective  immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such date including any
 actions  necessary  to  prepare  or  submit  a federal waiver or waivers
 pursuant to this Part.
 
                                 SUBPART C
 
   Section 1. The social services law is amended by adding a new  section
 95-c to read as follows:
   §  95-C.  NEW YORK HEALTHY INCENTIVE PROGRAM (NYHIP) OUTREACH PROGRAM.
 1.   IN ACCORDANCE WITH FEDERAL REQUIREMENTS  AND  TO  THE  EXTENT  THAT
 FEDERAL  MATCHING  FUNDS  ARE  AVAILABLE,  THE  OFFICE SHALL DEVELOP AND
 IMPLEMENT AN OUTREACH PLAN TO INFORM LOW-INCOME  HOUSEHOLDS  POTENTIALLY
 ELIGIBLE  TO  RECEIVE  FOOD STAMPS AND PARTICIPATE IN NYHIP TO ENCOURAGE
 THE PARTICIPATION OF ELIGIBLE HOUSEHOLDS THAT WISH TO PARTICIPATE.
   2. IN DEVELOPING AND IMPLEMENTING SUCH A PLAN THE OFFICE IS AUTHORIZED
 AND EMPOWERED, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET AND
 PROVIDED THAT FEDERAL AID IS AVAILABLE THEREFOR, TO ENTER INTO  CONTRAC-
 TUAL  AGREEMENTS WITH PUBLIC AND/OR PRIVATE ORGANIZATIONS TO DEVELOP AND
 IMPLEMENT LOCAL, REGIONAL, AND STATEWIDE OUTREACH PROGRAMS.
   3. EACH COMMISSIONER OF SOCIAL SERVICES SHALL DEVELOP  AND  SUBMIT  TO
 THE  OFFICE  ON  AN ANNUAL BASIS FOR ITS APPROVAL, A LOCAL OUTREACH PLAN
 S. 3006--B                         100
 
 GOVERNING THE USE  OF  LOCAL  SOCIAL  SERVICES  PERSONNEL  AND  SERVICES
 PROVIDED  BY  FEDERALLY  FUNDED  AND OTHER AGENCIES AND ORGANIZATIONS TO
 INFORM POTENTIALLY ELIGIBLE HOUSEHOLDS OF THE AVAILABILITY AND  BENEFITS
 OF  NYHIP  AND TO ENCOURAGE AND FACILITATE THE PARTICIPATION OF ELIGIBLE
 HOUSEHOLDS. THE OFFICE SHALL PROVIDE COMMISSIONERS  OF  SOCIAL  SERVICES
 WITH  TECHNICAL ASSISTANCE AS NEEDED TO CARRY OUT THE PROVISIONS OF THIS
 SUBDIVISION.
   4. AS PART OF EACH LOCAL  OUTREACH  PLAN,  SOCIAL  SERVICES  OFFICIALS
 SHALL TAKE ALL STEPS NECESSARY TO MAINTAIN A SUPPLY OF INFORMATION LEAF-
 LETS  IN  PUBLIC BUILDINGS, INCLUDING BUT NOT LIMITED TO LOCAL UNEMPLOY-
 MENT INSURANCE AND EMPLOYMENT SERVICES  OFFICES  OF  THE  DEPARTMENT  OF
 LABOR,  INSTITUTIONS  AND FACILITIES UNDER THE SUPERVISION OR CONTROL OF
 THE DEPARTMENT OF HEALTH, FOOD STORES, UNION HALLS,  COMMUNITY  CENTERS,
 ENTITIES  PARTICIPATING  IN NYHIP, AND LOCAL AGENCIES PROVIDING SERVICES
 TO THE ELDERLY TO HELP ENSURE THAT ELIGIBLE PERSONS ARE INFORMED OF  THE
 SUPPLEMENTAL  NUTRITION  ASSISTANCE  PROGRAM AND NYHIP. ADDITIONALLY, AS
 PART OF THE LOCAL OUTREACH PLAN, SOCIAL SERVICES OFFICIALS SHALL  ENSURE
 THAT  EVERY  NEW  SUPPLEMENTAL  NUTRITION  ASSISTANCE  PROGRAM APPLICANT
 RECEIVES INFORMATION ON NYHIP UPON  SUBMISSION  OF  AN  APPLICATION  AND
 SHALL  PROVIDE  SUCH  INFORMATION  IN THE HOME LANGUAGE OF THE APPLICANT
 PURSUANT TO ANY FEDERAL AND STATE LAWS, RULES AND REGULATIONS.
   5. THE OFFICE SHALL PERIODICALLY DISTRIBUTE TO ALL NEWSPAPERS, AND  TO
 TELEVISION  AND  RADIO  STATIONS  THROUGHOUT  THE  STATE, PUBLIC SERVICE
 ANNOUNCEMENTS DESCRIBING NYHIP, INCLUDING THE NYHIP INTERACTIVE MAP  AND
 WEBSITE,  AND SHALL PROMPTLY INFORM SUCH MEDIA OF SIGNIFICANT CHANGES IN
 THE PROGRAM AFFECTING ELIGIBILITY  REQUIREMENTS  AND/OR  THE  AMOUNT  OF
 NYHIP EARNINGS.
   6.  THE  OFFICE  SHALL  ESTABLISH  PROCEDURES  IN COOPERATION WITH THE
 INDUSTRIAL COMMISSIONER OF THE DEPARTMENT OF LABOR TO ENSURE THAT INFOR-
 MATIONAL LEAFLETS ABOUT NYHIP ARE SENT TO EACH LOCAL EMPLOYMENT SERVICES
 OFFICE FOR DISTRIBUTION PURSUANT TO SECTION FIVE HUNDRED  FORTY  OF  THE
 LABOR  LAW. EACH LEAFLET SHALL INCLUDE, BUT NOT BE LIMITED TO: THE PHONE
 NUMBER FOR THE NEW YORK STATE FOOD STAMP  HOTLINE;  HOW  TO  ACCESS  THE
 NYHIP  WEBSITE  AND  INTERACTIVE  MAP; HOW SNAP BENEFICIARIES EARN NYHIP
 BENEFITS BUYING LOCAL HEALTHY FOODS; ESTIMATED MAXIMUM INCOME  ELIGIBIL-
 ITY  LEVELS  BY HOUSEHOLD SIZE FOR PARTICIPATION IN SNAP; AND THE AVAIL-
 ABILITY OF LOCAL  SOCIAL  SERVICES  DEPARTMENTS  TO  PROVIDE  ADDITIONAL
 INFORMATION ABOUT NYHIP.
   7.  IN  ACCORDANCE  WITH  APPLICABLE FEDERAL AND STATE LAWS, RULES AND
 REGULATIONS, THE OFFICE  SHALL  MAKE  AVAILABLE  APPROPRIATE  TRANSLATED
 MATERIALS  SO THAT POTENTIALLY ELIGIBLE NON-ENGLISH SPEAKING INDIVIDUALS
 MAY BE INFORMED ABOUT NYHIP.
   8. THE OFFICE SHALL PROMULGATE RULES  AND  REGULATIONS  AND  TAKE  ALL
 OTHER  ACTIONS  NECESSARY  FOR  THE  EFFECTIVE  IMPLEMENTATION  OF  THIS
 SECTION.
   § 2. This act shall take effect January 1, 2026. Effective  immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such date.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 S. 3006--B                         101
 
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   §  3.  This act shall take effect immediately; provided, however, that
 the applicable effective date of Subparts A through C of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART LL

   Section  1. The social services law is amended by adding a new section
 95-b to read as follows:
   § 95-B. STATE SNAP MINIMUM BENEFIT  PROGRAM.  1.  NOTWITHSTANDING  ANY
 OTHER  PROVISION  OF  LAW TO THE CONTRARY, THERE IS HEREBY ESTABLISHED A
 STATE SNAP MINIMUM BENEFIT PROGRAM. UNDER SUCH PROGRAM, THE OFFICE SHALL
 DISTRIBUTE TO EACH ELIGIBLE HOUSEHOLD A MONTHLY STATE SNAP BENEFIT EQUAL
 TO THE DIFFERENCE BETWEEN THE HOUSEHOLD'S FEDERAL SNAP  MONTHLY  BENEFIT
 AND FIFTY DOLLARS, WHICH AMOUNT MAY BE INCREASED BY THE OFFICE AS DEEMED
 APPROPRIATE, SUBJECT TO AVAILABLE STATE APPROPRIATIONS. IF FEDERAL FUNDS
 BECOME  AVAILABLE FOR THE PURPOSES OF THIS SUBDIVISION, THE OFFICE SHALL
 UTILIZE SUCH FEDERAL FUNDS AS THE PRIMARY SOURCE FOR ISSUING THE MONTHLY
 STATE SNAP BENEFIT BEFORE STATE FUNDS, IF NECESSARY, ARE  EXPENDED.  THE
 STATE  SNAP  BENEFIT SHALL BE PROVIDED TO AN ELIGIBLE HOUSEHOLD IN ADDI-
 TION TO THE FEDERAL SNAP BENEFIT.
   2. THE PROGRAM SHALL BE SUBJECT TO THE SAME STATE RULES AND PROCEDURES
 FOR IMPLEMENTING THE FEDERAL  SNAP  TO  THE  GREATEST  EXTENT  POSSIBLE,
 INCLUDING, BUT NOT LIMITED TO, DISTRIBUTING THE STATE SNAP BENEFIT USING
 THE  PROGRAM'S  ELECTRONIC  BENEFIT  TRANSFER  SYSTEM AND REQUIRING THAT
 BENEFITS BE USED SOLELY FOR THE PURCHASE OF FOOD AS DEFINED IN 7  U.S.C.
 S.2012.    THE OFFICE SHALL ISSUE ANY RULES OR REGULATIONS NECESSARY FOR
 THE ADMINISTRATION AND IMPLEMENTATION OF THE PROGRAM.
   3. THE OFFICE SHALL APPLY TO THE FOOD AND NUTRITION SERVICE WITHIN THE
 FEDERAL DEPARTMENT  OF  AGRICULTURE  AND  ANY  OTHER  NECESSARY  FEDERAL
 DEPARTMENT,  DIVISION,  OR OFFICE FOR ANY NECESSARY WAIVERS OR APPROVALS
 TO IMPLEMENT THE PROVISIONS OF THE PROGRAM SET FORTH IN THIS SECTION.
   4. AS USED IN THIS SECTION:
   (A) "ELIGIBLE HOUSEHOLD"  MEANS  A  HOUSEHOLD  THAT  IS  CERTIFIED  TO
 RECEIVE A FEDERAL SNAP BENEFIT OF AT LEAST ONE DOLLAR PER MONTH BUT LESS
 THAN  FIFTY  DOLLARS PER MONTH, OR A LARGER AMOUNT AS DEEMED APPROPRIATE
 BY THE OFFICE PURSUANT TO SUBDIVISION ONE OF THIS  SECTION,  SUBJECT  TO
 AVAILABLE STATE AND FEDERAL FUNDS.
   (B) "SNAP" MEANS THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM AUTHOR-
 IZED PURSUANT TO SECTION NINETY-FIVE OF THIS TITLE.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect January 1, 2026.  Effective immediate-
 ly the addition, amendment and/or repeal of any rule  or  regulation  or
 any action necessary for the implementation of this act on its effective
 date, including seeking any necessary federal waivers, are authorized to
 be made and completed on or before such date.
 S. 3006--B                         102
 
                                  PART MM
 
   Section  1.  The education law is amended by adding a new section 6457
 to read as follows:
   § 6457. MENTAL  HEALTH  EDUCATIONAL  OPPORTUNITY  PROGRAM  AND  MENTAL
 HEALTH  HIGHER EDUCATIONAL OPPORTUNITY PROGRAM. 1. TO PROVIDE ADDITIONAL
 EDUCATIONAL OPPORTUNITIES FOR STUDENTS TO ENROLL  IN  ACADEMIC  PROGRAMS
 THAT  LEAD  TO  A DEGREE OR DEGREES REQUIRED FOR LICENSURE IN ANY OF THE
 MENTAL HEALTH PROFESSIONS PURSUANT TO ARTICLES ONE HUNDRED  FIFTY-THREE,
 ONE  HUNDRED  FIFTY-FOUR  AND ONE HUNDRED SIXTY-THREE OF THIS CHAPTER, A
 PARTICIPATING COLLEGE OR UNIVERSITY SHALL PROVIDE SPECIAL  PROGRAMS  FOR
 THE  SCREENING,  TESTING, COUNSELING AND TUTORING OF, AND ASSISTANCE TO,
 RESIDENTS OF THE STATE, (I) WHO ARE GRADUATES OF AN APPROVED HIGH SCHOOL
 OR INDIVIDUALS WHO HAVE ATTAINED A NEW YORK STATE HIGH SCHOOL EQUIVALEN-
 CY DIPLOMA OR ITS EQUIVALENT, AS DETERMINED BY  THE  COMMISSIONER,  (II)
 WHO  HAVE  POTENTIAL  FOR  THE SUCCESSFUL COMPLETION OF A POST-SECONDARY
 PROGRAM THAT LEADS TO A DEGREE OR DEGREES REQUIRED FOR LICENSURE IN  ANY
 MENTAL  HEALTH  PROFESSION,  AND  (III)  WHO ARE ECONOMICALLY AND EDUCA-
 TIONALLY DISADVANTAGED.
   2. FOR THE PURPOSES OF THIS SECTION, FOR THE MENTAL HEALTH EDUCATIONAL
 OPPORTUNITY PROGRAM, A PARTICIPATING  COLLEGE  OR  UNIVERSITY  SHALL  BE
 DEFINED AS ANY COLLEGE OR UNIVERSITY OF THE STATE UNIVERSITY OF NEW YORK
 OR THE CITY UNIVERSITY OF NEW YORK.  FOR THE MENTAL HEALTH HIGHER EDUCA-
 TIONAL  OPPORTUNITY PROGRAM, A PARTICIPATING COLLEGE OR UNIVERSITY SHALL
 BE DEFINED AS A NON-PUBLIC COLLEGE OR  UNIVERSITY  INCORPORATED  BY  THE
 REGENTS.
   3.  A NON-PUBLIC COLLEGE OR UNIVERSITY THAT PARTICIPATES IN THE MENTAL
 HEALTH HIGHER EDUCATIONAL OPPORTUNITY PROGRAM SHALL  CONTRACT  WITH  THE
 COMMISSIONER TO PROVIDE THE SERVICES IN THIS SECTION PURSUANT TO A PROC-
 ESS PROMULGATED BY THE COMMISSIONER FOR SUCH PURPOSE.
   4.  THE COMMISSIONER, IN CONSULTATION WITH THE STATE UNIVERSITY OF NEW
 YORK, THE CITY UNIVERSITY OF  NEW  YORK,  AND  NON-PUBLIC  COLLEGES  AND
 UNIVERSITIES  CHOSEN BY THE COMMISSIONER, SHALL FORMULATE A GENERAL PLAN
 FOR THE ORGANIZATION, DEVELOPMENT, COORDINATION  AND  OPERATION  OF  THE
 MENTAL  HEALTH  EDUCATIONAL  OPPORTUNITY  PROGRAM  AND THE MENTAL HEALTH
 HIGHER EDUCATIONAL OPPORTUNITY PROGRAM WITHIN THE AMOUNTS MADE AVAILABLE
 THEREFOR BY LAW. SUCH A PLAN SHALL INCLUDE:
   A. DEFINITION OF ELIGIBILITY,
   B. PROCEDURES FOR THE SELECTION OF STUDENTS FROM AMONG THE ELIGIBLES,
   C. DESCRIPTION OF THE CONTENTS  OF  SUCH  PROPOSED  PROGRAM  INCLUDING
 COUNSELING, TUTORING AND SKILL DEVELOPMENT,
   D. ESTIMATED COSTS,
   E. OBJECTIVES,
   F.  EXTENT  OF  OTHER FUNDS AND RESOURCES TO BE UTILIZED IN SUPPORT OF
 THE PROGRAM,
   G. PROCEDURES FOR THE EVALUATION OF STUDENT PROGRESS, AND
   H. PERIODIC REPORTS.
   5. THE GENERAL PLAN SHALL BE TRANSMITTED TO THE BOARD  OF  REGENTS  AT
 SUCH  TIME  AS  THE  REGENTS  SHALL  BY RULE REQUIRE. SUCH PLAN SHALL BE
 REVIEWED BY THE REGENTS AND SHALL GUIDE AND DETERMINE THE  OPERATION  OF
 SUCH PROGRAM.
   6.  A.  STATE  APPROPRIATIONS MADE AVAILABLE FOR THIS PROGRAM SHALL BE
 SPENT ONLY FOR THE FOLLOWING PURPOSES:
   (I) SPECIAL TESTING, COUNSELING AND GUIDANCE SERVICES IN THE COURSE OF
 SCREENING POTENTIAL STUDENTS,
 S. 3006--B                         103
 
   (II) REMEDIAL COURSES,  DEVELOPMENTAL  AND  COMPENSATORY  COURSES  AND
 SUMMER CLASSES FOR SUCH STUDENTS,
   (III)  SPECIAL TUTORING, COUNSELING AND GUIDANCE SERVICES FOR ENROLLED
 STUDENTS,
   (IV) CENTRAL SERVICES INCLUDING EVALUATION AND  ADMINISTRATIVE  COSTS,
 AND
   (V) ANY NECESSARY SUPPLEMENTAL FINANCIAL ASSISTANCE, WHICH MAY INCLUDE
 THE COST OF BOOKS AND NECESSARY MAINTENANCE FOR SUCH STUDENTS, INCLUDING
 STUDENTS  WITHOUT  LAWFUL  IMMIGRATION  STATUS PROVIDED THAT THE STUDENT
 MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A  OR
 SUBPARAGRAPH  (II)  OF  PARAGRAPH  B  OF SUBDIVISION FIVE OF SECTION SIX
 HUNDRED SIXTY-ONE OF THIS CHAPTER,  AS  APPLICABLE;  PROVIDED,  HOWEVER,
 THAT  SUCH SUPPLEMENTAL FINANCIAL ASSISTANCE SHALL BE FURNISHED PURSUANT
 TO CRITERIA PROMULGATED BY THE COMMISSIONER AND APPROVED BY THE  REGENTS
 AND THE DIRECTOR OF THE BUDGET.
   B.  NO  FUNDS  PURSUANT  TO  THIS  SECTION  SHALL BE MADE AVAILABLE TO
 SUPPORT THE REGULAR ACADEMIC  PROGRAMS  OF  ANY  COLLEGE  OR  UNIVERSITY
 PARTICIPATING  IN THIS PROGRAM, NOR SHALL FUNDS BE PROVIDED FOR PROGRAMS
 WHICH ARE INCOMPATIBLE WITH THE  REGENTS  PLAN  FOR  THE  EXPANSION  AND
 DEVELOPMENT OF HIGHER EDUCATION IN THE STATE.
   7.  A PARTICIPATING COLLEGE OR UNIVERSITY SHALL FURNISH TO THE COMMIS-
 SIONER, THE REGENTS, THE DIRECTOR OF THE BUDGET, THE CHAIR OF THE SENATE
 FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND  MEANS  COMMIT-
 TEE, AT LEAST ANNUALLY, A REPORT IN SUCH FORM, AT SUCH TIME AND CONTAIN-
 ING  SUCH  INFORMATION AS THE REGENTS AND THE DIRECTOR OF THE BUDGET MAY
 REQUIRE, OF THE OPERATIONS OF SUCH PROGRAM. THE REPORT SHALL INCLUDE:
   A. A STATEMENT OF THE OBJECTIVES OF THE PROGRAM,
   B. A DESCRIPTION OF THE PROGRAM,
   C. THE BUDGETARY EXPENDITURES FOR  SUCH  PROGRAM,  SEPARATELY  STATING
 ACADEMIC CREDIT INSTRUCTIONAL COSTS, OTHER INSTRUCTIONAL COSTS, TUTORING
 COSTS,  REMEDIATION,  COUNSELING,  SUPPLEMENTAL FINANCIAL ASSISTANCE AND
 CENTRAL SERVICES, INCLUDING EVALUATION AND ADMINISTRATIVE COSTS,
   D. THE EXTENT OF OTHER FUNDS AND RESOURCES USED  IN  SUPPORT  OF  SUCH
 PROGRAM AND THEIR SOURCES,
   E. THE PROGRESS OF STUDENTS, AND
   F.  THE  EXTENT  AND  NATURE OF THE RESPONSIBILITY EXERCISED OVER SUCH
 PROGRAM BY SUCH TRUSTEES.
   8. CONTRACTS MADE PURSUANT TO THIS SECTION SHALL  BE  SUBJECT  TO  THE
 APPROVAL OF THE DIRECTOR OF THE BUDGET.
   § 2. This act shall take effect immediately.
 
                                  PART NN
 
   Section  1.  The opening paragraph of item 1 of clause (A) of subpara-
 graph (i) of paragraph a of subdivision 3 of section 667 of  the  educa-
 tion  law,  as amended by section 1 of part DD of chapter 56 of the laws
 of 2021, is amended to read as follows:
   In the case of students who have not  been  granted  an  exclusion  of
 parental  income,  who  have  qualified as an orphan, foster child, [or]
 ward of the court, OR HOMELESS  for  the  purposes  of  federal  student
 financial  aid  programs  authorized by Title IV of the Higher Education
 Act of 1965, as amended, ARE DEEMED HOMELESS UNDER  THE  FEDERAL  MCKIN-
 NEY-VENTO  HOMELESS  ASSISTANCE  ACT, AS AMENDED, or had a dependent for
 income tax purposes during the tax year next preceding the academic year
 for which application is made, except for those students who  have  been
 S. 3006--B                         104
 
 granted  exclusion  of  parental  income  who have a spouse but no other
 dependent:
   §  2.  Section  661  of  the  education law is amended by adding a new
 subdivision 8 to read as follows:
   8. HOMELESS STATUS. THE PRESIDENT SHALL  PROMULGATE  RULES  AND  REGU-
 LATIONS FOR A UNIFORM VERIFICATION METHOD OF A STUDENT'S STATUS AS HOME-
 LESS  TO BE USED FOR ALL AWARDS AND LOANS MADE PURSUANT TO THIS ARTICLE.
 SUCH RULES AND REGULATIONS SHALL UTILIZE THE SAME METHOD OF VERIFICATION
 OF HOMELESSNESS AS FEDERAL STUDENT FINANCIAL AID PROGRAMS AUTHORIZED  BY
 TITLE IV OF THE HIGHER EDUCATION ACT OF 1965, AS AMENDED, OR THE FEDERAL
 MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.
   §  3. Subdivision 4 of section 663 of the education law, as amended by
 section 1 of part X of chapter 56 of the laws of 2014,   is  amended  to
 read as follows:
   4.  Relinquishing of parental control. In determining the amount of an
 award, the president may, in cases of  unusual  and  exceptional  family
 circumstances  warranting  such  action, recognize an existing condition
 wherein parental control has in effect been relinquished by the  parents
 or  others  responsible  for  the  applicant,  and  notwithstanding  the
 provisions of subdivision three of this section, the  applicant  has  in
 effect been emancipated. Provided, however, that students who have qual-
 ified  as an orphan, foster child, or ward of the court for the purposes
 of federal student financial aid programs authorized by Title IV of  the
 Higher  Education Act of 1965, as amended, OR THE FEDERAL MCKINNEY-VENTO
 HOMELESS ASSISTANCE ACT, AS AMENDED, shall not be considered emancipated
 for the purposes of determining an award pursuant to section six hundred
 sixty-seven of this article. The  criteria  used  in  determining  these
 cases  of  unusual  and exceptional family circumstances shall be estab-
 lished by the president with the approval of the board of  trustees  and
 the director of the division of the budget.
   §  4.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.
 
                                  PART OO
 
   Section 1.   Paragraph b of subdivision 2  of  section  679-e  of  the
 education  law,  as amended by section 1 of part VV of chapter 56 of the
 laws of 2009, is amended to read as follows:
   b. "Eligible period" means  the  [six-year]  EIGHT-YEAR  period  after
 completion of the [third] SECOND year and before the commencement of the
 [tenth]  ELEVENTH  year  of  employment  as  an  eligible  attorney. For
 purposes of this section, all periods of time during which  an  admitted
 attorney  was  employed  as an eligible attorney and all periods of time
 during which a law school graduate awaiting admission to  the  New  York
 state  bar  was  employed by a prosecuting [or] AGENCY, criminal defense
 agency, OR NON-PROFIT  INDIGENT  CIVIL  LEGAL  SERVICES  CORPORATION  as
 permitted by section four hundred eighty-four of the judiciary law shall
 be combined.
   §  2.  Paragraph  d of subdivision 2 of section 679-e of the education
 law, as amended by section 1 of part VV of chapter 56  of  the  laws  of
 2009, is amended to read as follows:
   d.  "Year of qualified service" means the twelve month period measured
 from the anniversary of the attorney's employment as an eligible  attor-
 S. 3006--B                         105

 ney,  or  as  a  law  school graduate awaiting admission to the New York
 state bar employed  by  a  prosecuting  [or]  AGENCY,  criminal  defense
 agency,  OR  NON-PROFIT  INDIGENT  CIVIL  LEGAL  SERVICES CORPORATION as
 permitted  by  section  four  hundred  eighty-four of the judiciary law,
 adjusted for any interruption in employment.   VACATION  OR  LEAVE  TIME
 PROVIDED BY THE EMPLOYER OR LEAVE TAKEN FOR A CONDITION THAT IS A QUALI-
 FYING  REASON  FOR LEAVE UNDER THE FAMILY AND MEDICAL LEAVE ACT OF 1993,
 29 U.S.C. 2612(A)(1) AND (3) SHALL NOT BE CONSIDERED AN INTERRUPTION  IN
 QUALIFYING  EMPLOYMENT.  Any  period  of  [temporary leave from service]
 INTERRUPTION IN QUALIFYING EMPLOYMENT  taken  by  an  eligible  attorney
 shall  not be considered in the calculation of qualified service. Howev-
 er, the period of [temporary leave shall be considered an]  interruption
 in QUALIFYING employment and the calculation of the time period of qual-
 ified  service  shall  recommence  when the eligible attorney returns to
 [full time] service.
   § 3. Paragraph a of subdivision 3 of section 679-e  of  the  education
 law,  as  amended  by  section 1 of part VV of chapter 56 of the laws of
 2009, is amended to read as follows:
   a.  An  eligible  attorney  may  apply  for  reimbursement  after  the
 completion  of  each  year  of  qualified  service provided however that
 reimbursement to each eligible attorney shall not exceed [three thousand
 four hundred] EIGHT THOUSAND dollars, per qualifying  year,  subject  to
 appropriations  available  therefor. The president may establish: (i) an
 application deadline and (ii) a method of selecting recipients if in any
 given year there are insufficient funds to cover the needs  of  all  the
 applicants.    Awards  shall be within the amounts appropriated for such
 purpose and based on availability of funds.
   § 4. Paragraph b of subdivision 3 of section 679-e  of  the  education
 law,  as  amended  by  section 1 of part VV of chapter 56 of the laws of
 2009, is amended to read as follows:
   b. An eligible attorney may apply after the completion of the [fourth]
 SECOND year of qualified service,  and  annually  thereafter  after  the
 completion  of the [fifth] THIRD through [ninth] ELEVENTH year of quali-
 fied service, and may seek a student loan expense  grant  for  only  the
 previous year of qualified service within the time periods prescribed by
 the  president.  An  eligible  attorney may receive student loan expense
 grants for no more than [six] EIGHT years of qualified service within an
 eligible period.
   § 5. This act shall take effect April 1, 2026.  Nothing  in  this  act
 shall  be  implemented  in a manner that diminishes the current award or
 status of eligible attorneys currently participating in the program.
 
                                  PART PP
 
   Section 1. Legislative findings.  The  legislature  acknowledges  that
 there  is a mental health crisis among our youth, especially in our most
 vulnerable communities. The legislature also acknowledges that there  is
 a  shortage of mental health professionals working in schools across the
 state. In order to combat the youth mental health crisis,  the  legisla-
 ture  acknowledges  the  benefits  of  a  loan repayment program for the
 professionals working in the most underserved schools.
   § 2. Section 605 of the education law  is  amended  by  adding  a  new
 subdivision 13 to read as follows:
   13.  NEW YORK STATE SCHOOL-BASED MENTAL HEALTH LOAN REPAYMENT PROGRAM.
 A. PURPOSE. THE PRESIDENT SHALL GRANT  LOAN  REPAYMENT  AWARDS  FOR  THE
 PURPOSE  OF  INCREASING  THE NUMBER OF YOUTH MENTAL HEALTH PROFESSIONALS
 S. 3006--B                         106
 
 EMPLOYED IN UNDERSERVED SCHOOLS ACROSS NEW YORK STATE. SUCH AWARDS SHALL
 BE MADE ON A COMPETITIVE BASIS TO APPLICANTS WHO HAVE GRADUATED FROM  AN
 INSTITUTION OF HIGHER EDUCATION APPROVED OR REGISTERED BY THE REGENTS.
   B.  ELIGIBILITY.  (1)  TO  BE ELIGIBLE TO RECEIVE AN AWARD PURSUANT TO
 THIS SUBDIVISION, AN APPLICANT MUST BE A RESIDENT OF NEW YORK STATE  WHO
 HAS  GRADUATED  FROM  AN  INSTITUTION  OF  HIGHER  EDUCATION  AND HAS AN
 OUTSTANDING STUDENT LOAN DEBT.
   (2) FOR PURPOSES OF THIS SUBDIVISION, A YOUTH  MENTAL  HEALTH  PROFES-
 SIONAL  CAN BE A CERTIFIED OR LICENSED SCHOOL PSYCHOLOGIST, SCHOOL COUN-
 SELOR, OR SOCIAL WORKER.
   (3) UNDERSERVED SCHOOLS SHALL BE SCHOOLS WITH STUDENT TO MENTAL HEALTH
 PROFESSIONAL RATIOS BELOW THE  RECOMMENDED  LEVELS  PROMULGATED  BY  THE
 PRESIDENT  IN  CONJUNCTION  WITH  THE  COMMISSIONER FOR PURPOSES OF THIS
 SUBDIVISION.
   (4) SUCH AWARD SHALL BE MADE  ANNUALLY  TO  ELIGIBLE  APPLICANTS  WHO,
 PRIOR  TO  ACCEPTING SUCH AWARD, ARE COMMITTED TO AT LEAST FOUR YEARS OF
 SERVICE AS A YOUTH MENTAL HEALTH PROFESSIONAL IN AN UNDERSERVED  SCHOOL,
 AND  SUCH  AWARD  SHALL  NOT EXCEED THIRTY THOUSAND DOLLARS PER YEAR AND
 SHALL BE MADE TO APPLICANTS PURSUANT TO THE FOLLOWING SCHEDULE:
   (I) THIRTY PERCENT OF THE TOTAL AWARD FOR THE FIRST YEAR;
   (II) THIRTY PERCENT FOR THE SECOND YEAR; AND
   (III) ANY UNPAID BALANCE OF THE TOTAL AWARD NOT TO EXCEED THE  MAXIMUM
 AWARD AMOUNT FOR THE THIRD YEAR.
   (5)  RECIPIENTS  OF  SUCH  AWARDS SHALL BE ELIGIBLE TO APPLY FOR OTHER
 AWARDS ESTABLISHED UNDER THIS CHAPTER.
   C. DURATION. SUCH AWARD SHALL BE MADE ANNUALLY, FOR NO MORE THAN  FOUR
 YEARS,  TO APPLICANTS WHO REMAIN ELIGIBLE UNDER THIS SUBDIVISION AND WHO
 ARE CERTIFIED AS SUCH BY THE CORPORATION.
   D. AMOUNT. THE CORPORATION SHALL GRANT SUCH AWARDS WITHIN  THE  AMOUNT
 APPROPRIATED  FOR  SUCH PURPOSE AND BASED ON AVAILABILITY OF FUNDS IN AN
 AMOUNT NOT TO EXCEED THE TOTAL COST OF THE  COMPLETION  OF  SUCH  DEGREE
 PROGRAMS. COST OF COMPLETION OF SUCH DEGREES SHALL INCLUDE TUITION AT AN
 INSTITUTION  OF  HIGHER  EDUCATION APPROVED OR REGISTERED BY THE REGENTS
 AND OTHER REQUIRED OR REASONABLE STUDENT FEES.
   § 3. This act shall take effect immediately.
 
                                  PART QQ
 
   Section 1. Section 602 of the education law is amended by adding a new
 subdivision 5 to read as follows:
   5. THE COMMISSIONER SHALL PROMULGATE RULES  AND  REGULATIONS  ALLOWING
 FOR  STUDENTS ENROLLED IN AN APPROVED POSTSECONDARY EDUCATION EXPERIENCE
 OR TRANSITION PROGRAM TO RECEIVE FINANCIAL ASSISTANCE FROM  THE  TUITION
 ASSISTANCE PROGRAM.
   §  2.  Section  667  of  the  education law is amended by adding a new
 subdivision 4 to read as follows:
   4.  POSTSECONDARY EDUCATION EXPERIENCE OR  TRANSITION  PROGRAMS.    A.
 NOTWITHSTANDING  SUBDIVISIONS  ONE,  TWO  AND THREE OF THIS SECTION, THE
 PRESIDENT SHALL MAKE AWARDS TO STUDENTS WITH  INTELLECTUAL  DISABILITIES
 IN APPROVED POSTSECONDARY EDUCATION EXPERIENCE OR TRANSITION PROGRAMS IN
 THE  SAME  MANNER  AS  STUDENTS  ENROLLED  IN  AN  APPROVED PROGRAM AT A
 DEGREE-GRANTING INSTITUTION INCLUDING THE SAME INCOME LIMITS AND  AWARDS
 FOR EACH YEAR.
   B.  AN  APPROVED  POSTSECONDARY  EDUCATION  EXPERIENCE  OR  TRANSITION
 PROGRAM SHALL:
   (I) SERVE STUDENTS WITH INTELLECTUAL DISABILITIES;
 S. 3006--B                         107
 
   (II) PROVIDE INDIVIDUAL SUPPORTS AND SERVICES  FOR  THE  ACADEMIC  AND
 SOCIAL  INCLUSION OF STUDENTS WITH INTELLECTUAL DISABILITIES IN ACADEMIC
 COURSES, EXTRACURRICULAR ACTIVITIES, AND OTHER ASPECTS OF  THE  INSTITU-
 TION OF HIGHER EDUCATION'S REGULAR POSTSECONDARY PROGRAM;
   (III) PROVIDE A FOCUS ON:
   (A) ACADEMIC ENRICHMENT;
   (B) SOCIALIZATION;
   (C) INDEPENDENT LIVING SKILLS, INCLUDING SELF-ADVOCACY SKILLS; AND
   (D) INTEGRATED WORK EXPERIENCES AND CAREER SKILLS THAT LEAD TO GAINFUL
 EMPLOYMENT;
   (IV)  INTEGRATE  PERSON-CENTERED  PLANNING  IN  THE DEVELOPMENT OF THE
 COURSE OF STUDY FOR EACH STUDENT WITH AN INTELLECTUAL DISABILITY;
   (V) CREATE AND OFFER A MEANINGFUL CREDENTIAL FOR STUDENTS WITH  INTEL-
 LECTUAL  DISABILITIES UPON THE COMPLETION OF THE POSTSECONDARY EDUCATION
 EXPERIENCE OR TRANSITION PROGRAM; AND
   (VI) BE A FEDERALLY APPROVED COMPREHENSIVE TRANSITION  AND  POSTSECON-
 DARY PROGRAM.
   C.  FOR  THE PURPOSES OF THIS SUBDIVISION, "STUDENTS WITH INTELLECTUAL
 DISABILITIES" SHALL MEAN A STUDENT WITH AN IMPAIRMENT OF GENERAL  INTEL-
 LECTUAL FUNCTIONING OR ADAPTIVE BEHAVIOR WHICH CONSTITUTES A SUBSTANTIAL
 HANDICAP  TO  THE  STUDENT'S ABILITY TO FUNCTION NORMALLY IN SOCIETY AND
 WHICH HAS ORIGINATED AT ANY POINT IN THE STUDENT'S LIFE.
   § 3. This act shall take effect immediately.
 
                                  PART RR
 
   Section 1. Paragraph h of subdivision 2 of section 355 of  the  educa-
 tion law is amended by adding a new subparagraph 11 to read as follows:
   (11)  (I) BEGINNING IN THE TWO THOUSAND TWENTY-SIX--TWO THOUSAND TWEN-
 TY-SEVEN ACADEMIC YEAR, ALL  CURRENT  AND  FUTURE  MANDATORY  UNIVERSITY
 FEES,  WITH  THE  EXCLUSION  OF THE GRADUATE STUDENT ASSOCIATION STUDENT
 ACTIVITY FEE, SHALL BE CHARGED TO A STATE UNIVERSITY OF NEW YORK  GRADU-
 ATE  STUDENT  SERVING A FULL-TIME OR HALF-TIME APPOINTMENT AS A GRADUATE
 TEACHING ASSISTANT, GRADUATE  ASSISTANT,  GRADUATE  RESEARCH  ASSISTANT,
 GRADUATE  RESEARCH ASSOCIATE, OR GRADUATE TEACHING ASSOCIATE AT THE RATE
 OF TWENTY-FIVE PERCENT OF ALL MANDATORY UNIVERSITY FEES, WITH THE EXCLU-
 SION OF THE GRADUATE STUDENT ASSOCIATION STUDENT ACTIVITY FEE.
   (II) BEGINNING IN THE TWO THOUSAND TWENTY-SEVEN--TWO THOUSAND  TWENTY-
 EIGHT  ACADEMIC  YEAR AND THEREAFTER, NO MANDATORY UNIVERSITY FEES SHALL
 BE CHARGED, WITH THE  EXCLUSION  OF  THE  GRADUATE  STUDENT  ASSOCIATION
 STUDENT ACTIVITY FEE.
   §  2.  Section  6206  of  the education law is amended by adding a new
 subdivision 24 to read as follows:
   24. A. BEGINNING IN THE TWO THOUSAND TWENTY-SIX--TWO THOUSAND  TWENTY-
 SEVEN  ACADEMIC  YEAR, ALL CURRENT AND FUTURE MANDATORY UNIVERSITY FEES,
 WITH THE EXCLUSION OF THE GRADUATE STUDENT ASSOCIATION STUDENT  ACTIVITY
 FEE,  SHALL BE CHARGED TO A CITY UNIVERSITY OF NEW YORK GRADUATE STUDENT
 SERVING AS A GRADUATE ASSISTANT, ADJUNCT INSTRUCTOR,  ADJUNCT  LECTURER,
 ADJUNCT  COLLEGE  LABORATORY  TECHNICIAN OR A NON-TEACHING ADJUNCT STAFF
 MEMBER AT THE RATE OF TWENTY-FIVE PERCENT OF  ALL  MANDATORY  UNIVERSITY
 FEES,  WITH  THE  EXCLUSION  OF THE GRADUATE STUDENT ASSOCIATION STUDENT
 ACTIVITY FEE.
   B. BEGINNING IN THE TWO THOUSAND  TWENTY-SEVEN--TWO  THOUSAND  TWENTY-
 EIGHT  ACADEMIC  YEAR AND THEREAFTER, NO MANDATORY UNIVERSITY FEES SHALL
 BE CHARGED, WITH THE  EXCLUSION  OF  THE  GRADUATE  STUDENT  ASSOCIATION
 STUDENT ACTIVITY FEE.
 S. 3006--B                         108
 
   § 3. This act shall take effect immediately.
 
                                  PART SS
 
   Section  1.  Subdivision  2  of  section  667 of the education law, as
 amended by chapter 376 of the laws  of  2019,  is  amended  to  read  as
 follows:
   2.  Duration. No undergraduate STUDENT shall be eligible for more than
 four academic years of study, or five academic years if the  program  of
 study  normally  requires  five years. Students enrolled in a program of
 remedial study, approved by the commissioner in an institution of higher
 education and intended to culminate in a degree in  undergraduate  study
 shall,  for  purposes  of  this  section, be considered as enrolled in a
 program of study normally requiring five years. An undergraduate student
 enrolled in an eligible two  year  program  of  study  approved  by  the
 commissioner  shall be eligible for no more than three academic years of
 study. An undergraduate student enrolled in an approved two or four-year
 program of study approved by  the  commissioner  who  must  transfer  to
 another  institution  as  a result of permanent college closure shall be
 eligible for up to two additional semesters, or their equivalent, to the
 extent credits necessary to complete [his or her] SUCH STUDENT'S program
 of study were deemed non-transferable from  the  closed  institution  or
 were deemed not applicable to such student's program of study by the new
 institution.   Any semester, quarter, or term of attendance during which
 a student receives any award under this  article,  after  the  effective
 date  of the former scholar incentive program and prior to academic year
 nineteen hundred eighty-nine--nineteen hundred ninety, shall be  counted
 toward the maximum term of eligibility for tuition assistance under this
 section,  except that any semester, quarter or term of attendance during
 which a student received  an  award  pursuant  to  section  six  hundred
 sixty-six  of  this  subpart shall be counted as one-half of a semester,
 quarter or term, as the case may be, toward the maximum term  of  eligi-
 bility  under  this section. Any semester, quarter or term of attendance
 during which a student received an award pursuant to section six hundred
 sixty-seven-a of this subpart shall not be counted  toward  the  maximum
 term  of  eligibility  under  this  section.  FOR  THE  PURPOSES OF THIS
 SECTION, AN ACADEMIC YEAR SHALL INCLUDE ANY OPTIONAL ACADEMIC  SEMESTER,
 QUARTER  OR TERM AND ANY AWARD MADE FOR SUCH OPTIONAL ACADEMIC SEMESTER,
 QUARTER OR TERM SHALL NOT REDUCE THE MAXIMUM TERM OF  ELIGIBILITY  UNDER
 THIS SECTION.
   §  2.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law.
 
                                  PART TT
 
   Section 1. Section 604 of the education law is amended by adding a new
 subdivision 1-a to read as follows:
   1-A. TUITION ASSISTANCE AWARDS PROVIDED FOR IN SUBDIVISION ONE OF THIS
 SECTION SHALL BE AVAILABLE TO STUDENTS ENROLLED IN APPROVED PROGRAMS FOR
 FIVE ACADEMIC YEARS IN THE AGGREGATE.
   § 2. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law.
 
                                  PART UU
 S. 3006--B                         109
 
   Section 1. The general business law is amended by adding a new section
 352-eeeee to read as follows:
   § 352-EEEEE. CONVERSIONS TO CONDOMINIUM OWNERSHIP FOR THE PRESERVATION
 OF  EXPIRING  AFFORDABLE HOUSING IN THE CITY OF NEW YORK.  1. AS USED IN
 THIS SECTION, THE FOLLOWING WORDS AND TERMS  SHALL  HAVE  THE  FOLLOWING
 MEANINGS:
   (A) "ANNUAL UPDATE AMENDMENT". AN ANNUAL UPDATE AMENDMENT IS AN AMEND-
 MENT  TO  THE  PRESERVATION PLAN THAT SHALL BE SUBMITTED TO THE ATTORNEY
 GENERAL EVERY YEAR THAT A DWELLING UNIT IS UNSOLD, WITH THE  FIRST  SUCH
 ANNUAL UPDATE AMENDMENT DUE WITHIN FORTY-FIVE DAYS OF THE ANNIVERSARY OF
 THE  ACCEPTANCE  OF THE POST-CLOSING AMENDMENT TO THE PRESERVATION PLAN.
 AN ANNUAL UPDATE AMENDMENT SHALL SUPPLY THE EVIDENCE, DATA AND  INFORMA-
 TION  REQUIRED IN THIS SECTION, AND SUCH OTHER INFORMATION AS THE ATTOR-
 NEY GENERAL'S REGULATIONS SHALL REQUIRE, SO THAT THE ATTORNEY GENERAL IS
 SATISFIED THAT THE PRESERVATION PLAN AS AMENDED DISCLOSES  THE  INFORMA-
 TION NECESSARY FOR A REASONABLE INVESTOR TO MAKE THEIR PURCHASE DECISION
 AND  THAT THE PRESERVATION PLAN IS OTHERWISE COMPLETE, CURRENT AND ACCU-
 RATE.
   (B) "BONA FIDE PURCHASER". A BONA  FIDE  PURCHASER  IS  EITHER  (I)  A
 TENANT  IN OCCUPANCY WHO ENTERS INTO A PURCHASE AGREEMENT FOR A DWELLING
 UNIT PURSUANT TO THEIR OR ITS EXERCISE OF ONE OF THE RIGHTS ACCORDED  TO
 TENANTS IN OCCUPANCY IN SUBDIVISION FIVE OF THIS SECTION, OR (II) A BONA
 FIDE NON-TENANT PURCHASER.
   (C) "BONA FIDE NON-TENANT PURCHASER". A BONA FIDE NON-TENANT PURCHASER
 IS  A  PURCHASER  OF  A DWELLING UNIT WHO HAS REPRESENTED THAT THEY OR A
 MEMBER OR MEMBERS OF THEIR IMMEDIATE FAMILY INTEND TO OCCUPY THE  DWELL-
 ING UNIT WHEN IT BECOMES VACANT.
   (D)  "COMMERCIALLY  REASONABLE  GOOD  FAITH  EFFORT".  A  COMMERCIALLY
 REASONABLE GOOD FAITH EFFORT ON THE PART OF AN OFFEROR OF A PRESERVATION
 PLAN SHALL, AT MINIMUM, INCLUDE (I)  THE  FILING  OF  AN  ANNUAL  UPDATE
 AMENDMENT TO THE PRESERVATION PLAN; (II) ALL OF THE CONDOMINIUM'S DWELL-
 ING  UNITS  OTHER  THAN  ANY INCOME-RESTRICTED RENTAL UNITS AS THE UNITS
 BEING OFFERED FOR SALE UNDER THE PRESERVATION PLAN, EACH AT AN  OFFERING
 PRICE  THAT  IS  CONSISTENT WITH COMPARABLE DWELLING UNITS RECENTLY SOLD
 WITHIN THE LOCALITY; AND (III) ENTERING INTO A WRITTEN AGREEMENT WITH  A
 LICENSED REAL ESTATE BROKER OR SELLING AGENT IN CONNECTION WITH THE SALE
 OF  DWELLING UNITS OFFERED FOR SALE UNDER THE PRESERVATION PLAN. FOR THE
 AVOIDANCE OF DOUBT, A COMMERCIALLY REASONABLE GOOD  FAITH  EFFORT  SHALL
 NOT  REQUIRE  AN OFFEROR TO SELL DWELLING UNITS AT A PRICE SUBSTANTIALLY
 BELOW THE MARKET-RATE FOR COMPARABLE  UNITS  RECENTLY  SOLD  WITHIN  THE
 LOCALITY,  NOR  SHALL  IT  REQUIRE AN OFFEROR TO OFFER FOR SALE DWELLING
 UNITS THAT ARE OCCUPIED BY NON-PURCHASING TENANTS.
   (E) "CONDOMINIUM". A CONDOMINIUM SHALL ALSO INCLUDE A QUALIFIED LEASE-
 HOLD CONDOMINIUM AS DEFINED  IN  SUBDIVISION  TWELVE  OF  SECTION  THREE
 HUNDRED THIRTY-NINE-E OF THE REAL PROPERTY LAW.
   (F) "CONSUMMATION OF THE PRESERVATION PLAN". CONSUMMATION OF THE PRES-
 ERVATION  PLAN  SHALL  REFER  TO  THE  FILING OF THE DECLARATION FOR THE
 CONDOMINIUM AND THE FIRST TRANSFER OF TITLE TO AT  LEAST  ONE  PURCHASER
 UNDER  THE PRESERVATION PLAN FOLLOWING A DECLARATION OF EFFECTIVENESS BY
 THE DEPARTMENT OF LAW DECLARING THE PRESERVATION PLAN EFFECTIVE.
   (G) "ELIGIBLE DISABLED PERSONS". NON-PURCHASING TENANTS  WHO  HAVE  AN
 IMPAIRMENT WHICH RESULTS FROM ANATOMICAL, PHYSIOLOGICAL OR PSYCHOLOGICAL
 CONDITIONS, OTHER THAN ADDICTION TO ALCOHOL, GAMBLING, OR ANY CONTROLLED
 SUBSTANCE,  WHICH  ARE DEMONSTRABLE BY MEDICALLY ACCEPTABLE CLINICAL AND
 LABORATORY DIAGNOSTIC TECHNIQUES, AND WHICH ARE EXPECTED TO BE PERMANENT
 AND WHICH PREVENT THE TENANT FROM ENGAGING IN  ANY  SUBSTANTIAL  GAINFUL
 S. 3006--B                         110
 
 EMPLOYMENT ON THE DATE THE PRESERVATION PLAN IS SUBMITTED TO THE DEPART-
 MENT OF LAW OR ON THE DATE THE ATTORNEY GENERAL HAS ACCEPTED THE PRESER-
 VATION  PLAN  FOR  FILING,  AND  THE SPOUSES OF ANY SUCH TENANTS ON SUCH
 DATE,  AND WHO HAVE ELECTED, WITHIN SIXTY DAYS OF THE DATE THE PRESERVA-
 TION PLAN IS SUBMITTED TO THE DEPARTMENT OF  LAW  OR  ON  THE  DATE  THE
 ATTORNEY GENERAL HAS ACCEPTED THE PRESERVATION PLAN FOR FILING, ON FORMS
 PROMULGATED BY THE ATTORNEY GENERAL AND PRESENTED TO SUCH TENANTS BY THE
 OFFEROR,  TO  BECOME NON-PURCHASING TENANTS UNDER THE PROVISIONS OF THIS
 SECTION; PROVIDED, HOWEVER, THAT IF THE DISABILITY  FIRST  OCCURS  AFTER
 ACCEPTANCE  OF  THE PRESERVATION PLAN FOR FILING, THEN SUCH ELECTION MAY
 BE MADE WITHIN SIXTY DAYS FOLLOWING THE ONSET OF SUCH DISABILITY  UNLESS
 DURING  THE  PERIOD SUBSEQUENT TO SIXTY DAYS FOLLOWING THE ACCEPTANCE OF
 THE PRESERVATION PLAN FOR FILING BUT PRIOR TO SUCH ELECTION, THE OFFEROR
 ACCEPTS A WRITTEN AGREEMENT TO PURCHASE THE APARTMENT FROM A  BONA  FIDE
 PURCHASER;  AND  PROVIDED  FURTHER THAT SUCH ELECTION SHALL NOT PRECLUDE
 ANY SUCH TENANT FROM SUBSEQUENTLY PURCHASING THE DWELLING UNIT IF IT  IS
 NOT  AN  INCOME-RESTRICTED  RENTAL  UNIT  ON  THE  TERMS THEN OFFERED TO
 TENANTS IN OCCUPANCY.
   (H) "ELIGIBLE PROJECT". AN ELIGIBLE PROJECT SHALL REFER TO A  BUILDING
 OR  GROUP  OF BUILDINGS OR DEVELOPMENT WITH ONE HUNDRED OR MORE DWELLING
 UNITS BUILT AFTER NINETEEN HUNDRED NINETY-SIX THAT IS THE SUBJECT  OF  A
 PRESERVATION  PLAN UNDER THIS SECTION, WHICH SHALL MEET THE CRITERIA SET
 FORTH IN SUBDIVISION THREE OF THIS SECTION.  AN ELIGIBLE  PROJECT  SHALL
 NOT  INCLUDE  ANY  BUILDING  OR  GROUP OF BUILDINGS OR DEVELOPMENT OWNED
 UNDER ARTICLE TWO, FOUR OR FIVE OF THE PRIVATE HOUSING FINANCE LAW.  FOR
 THE  AVOIDANCE  OF DOUBT, NO BUILDING, GROUP OF BUILDINGS OR DEVELOPMENT
 OTHER THAN AN ELIGIBLE PROJECT MAY CONVERT TO CONDOMINIUM  STATUS  UNDER
 THIS  SECTION,  THE  STATUS  OF WHICH SHALL BE CONFIRMED BY THE RELEVANT
 HOUSING FINANCE AGENCY PRIOR TO THE DATE OF SUBMISSION OF THE  PRESERVA-
 TION PLAN.
   (I)  "ELIGIBLE SENIOR CITIZENS". NON-PURCHASING TENANTS WHO ARE SIXTY-
 TWO YEARS OF AGE OR OLDER ON THE DATE THE PRESERVATION PLAN IS SUBMITTED
 TO THE DEPARTMENT OF LAW  OR  ON  THE  DATE  THE  ATTORNEY  GENERAL  HAS
 ACCEPTED  THE  PRESERVATION PLAN FOR FILING, AND THE SPOUSES OF ANY SUCH
 TENANTS ON SUCH DATE, AND WHO HAVE ELECTED, WITHIN  SIXTY  DAYS  OF  THE
 DATE  THE  PRESERVATION PLAN IS SUBMITTED TO THE DEPARTMENT OF LAW OR ON
 THE DATE THE ATTORNEY GENERAL HAS ACCEPTED  THE  PRESERVATION  PLAN  FOR
 FILING,  ON  FORMS  PROMULGATED BY THE ATTORNEY GENERAL AND PRESENTED TO
 SUCH TENANTS BY THE OFFEROR, TO BECOME NON-PURCHASING TENANTS UNDER  THE
 PROVISIONS  OF  THIS  SECTION;  PROVIDED  THAT  SUCH  ELECTION SHALL NOT
 PRECLUDE ANY SUCH TENANT FROM SUBSEQUENTLY PURCHASING THE DWELLING  UNIT
 ON THE TERMS THEN OFFERED TO TENANTS IN OCCUPANCY.
   (J) "EXTENDED AFFORDABILITY TERM". THE EXTENDED AFFORDABILITY TERM FOR
 THE INCOME-RESTRICTED RENTAL UNITS SHALL BE IN PERPETUITY FOR SO LONG AS
 THE  BUILDING OR GROUP OF BUILDINGS OR DEVELOPMENT ARE IN EXISTENCE, AND
 SUBJECT TO ANY OBLIGATION TO  REBUILD  IN  THE  EVENT  OF  CONDEMNATION,
 DAMAGE  OR  DESTRUCTION  REQUIRED  BY  THE REGULATORY AGREEMENT WITH THE
 RELEVANT HOUSING FINANCE AGENCY.
   (K) "INCLUSIONARY HOUSING UNIT". AN INCLUSIONARY HOUSING  UNIT  IS  AN
 INCOME-RESTRICTED  RENTAL  UNIT  THAT  IS LOCATED WITHIN A BUILDING THAT
 RECEIVED AN INCREASE IN THE MAXIMUM PERMITTED  FLOOR  AREA  PURSUANT  TO
 SECTIONS  23-154  AND  23-90 OF THE ZONING RESOLUTION OR IS LOCATED IN A
 MANDATORY INCLUSIONARY HOUSING AREA.
   (L) "INCLUSIONARY HOUSING DESIGNATED AREA".  AN  INCLUSIONARY  HOUSING
 DESIGNATED  AREA  IS  A SPECIFIED AREA IN WHICH THE INCLUSIONARY HOUSING
 PROGRAM (ALSO KNOWN AS THE VOLUNTARY INCLUSIONARY  HOUSING  PROGRAM)  IS
 S. 3006--B                         111
 
 APPLICABLE,  PURSUANT  TO  THE  REGULATIONS  SET FORTH FOR SUCH AREAS IN
 SECTION 23-90 OF THE ZONING RESOLUTION. THE  LOCATIONS  OF  INCLUSIONARY
 HOUSING  DESIGNATED  AREAS  ARE IDENTIFIED IN EITHER (I) APPENDIX "F" OF
 THE ZONING RESOLUTION OR (II) IN A SPECIAL PURPOSE DISTRICT AS DESCRIBED
 IN SECTION 15-011 OF THE ZONING RESOLUTION.
   (M)  "INCOME-RESTRICTED RENTAL UNIT". AN INCOME-RESTRICTED RENTAL UNIT
 SHALL REFER TO A DWELLING UNIT LOCATED IN A BUILDING OR GROUP OF  BUILD-
 INGS  OR  DEVELOPMENT  OF  AN  ELIGIBLE PROJECT THAT IS THE SUBJECT OF A
 PRESERVATION PLAN SUBMITTED TO THE ATTORNEY  GENERAL  PURSUANT  TO  THIS
 SECTION, AND SUCH DWELLING UNIT:
   (I)  MEETS  THE  DEFINITION  OF  A  "LOW-INCOME  UNIT" AS SUCH TERM IS
 DEFINED IN SECTION FORTY-TWO OF THE INTERNAL REVENUE CODE AND IS SUBJECT
 TO A REGULATORY AGREEMENT WITH A RELEVANT HOUSING FINANCE AGENCY; OR
   (II) MEETS THE DEFINITION OF A  "LOW-INCOME  UNIT"  AS  SUCH  TERM  IS
 DEFINED  IN  SUBDIVISION  (D)  OF  SECTION  ONE HUNDRED FORTY-TWO OF THE
 INTERNAL REVENUE CODE AND IS SUBJECT TO A REGULATORY  AGREEMENT  WITH  A
 RELEVANT HOUSING FINANCE AGENCY; OR
   (III)  PREVIOUSLY  MET THE DEFINITION OF "LOW-INCOME UNIT" PURSUANT TO
 SUBPARAGRAPH (I) OR (II) OF  THIS  PARAGRAPH,  AND  NOTWITHSTANDING  THE
 EXPIRATION  OF  A  REGULATORY  AGREEMENT WITH A RELEVANT HOUSING FINANCE
 AGENCY, THE OWNER OF SUCH DWELLING UNIT AFFIRMS, UNDER  THE  PENALTY  OF
 PERJURY,  THAT IT HAS CONTINUOUSLY OPERATED AND RENTED THE DWELLING UNIT
 (A) AS IF IT REMAINED AN INCOME-RESTRICTED RENTAL UNIT AND (B) AS IF ALL
 OF THE RESTRICTIONS OF THE EXPIRED REGULATORY AGREEMENT HAD CONTINUOUSLY
 BEEN EXTENDED OR OTHERWISE REMAINED IN EFFECT; OR
   (IV) IS A DWELLING UNIT LOCATED WITHIN A BUILDING OR GROUP  OF  BUILD-
 INGS  OR  DEVELOPMENT THAT, IN ACCORDANCE WITH PROVISIONS OF SUBDIVISION
 FIFTEEN OF SECTION FOUR HUNDRED TWENTY-ONE-A OF THE  REAL  PROPERTY  TAX
 LAW,  THE LOCAL HOUSING AGENCY SHALL HAVE REQUIRED TO BE A UNIT AFFORDA-
 BLE TO FAMILIES OF LOW AND MODERATE INCOME; OR
   (V) IS A DWELLING UNIT THAT IS RENTED TO  PERSONS  OF  LOW  INCOME  OR
 FAMILIES OF LOW INCOME AS DEFINED IN SUBDIVISION NINETEEN OF SECTION TWO
 OF  THE PRIVATE HOUSING FINANCE LAW OR AS OTHERWISE REQUIRED BY A FEDER-
 AL, STATE, OR LOCAL LAW OR MANDATE.
   (N) "MANDATORY INCLUSIONARY HOUSING AREA".  A  MANDATORY  INCLUSIONARY
 HOUSING  AREA  IS  A  SPECIFIED  AREA  IN WHICH THE INCLUSIONARY HOUSING
 PROGRAM IS APPLICABLE, PURSUANT TO THE REGULATIONS SET  FORTH  FOR  SUCH
 AREAS IN SECTION 23-90 OF THE ZONING RESOLUTION. THE LOCATIONS OF MANDA-
 TORY  INCLUSIONARY  HOUSING  AREAS ARE IDENTIFIED IN EITHER (I) APPENDIX
 "F" OF THE ZONING RESOLUTION OR (II) IN A SPECIAL  PURPOSE  DISTRICT  AS
 DESCRIBED IN SECTION 15-011 OF THE ZONING RESOLUTION.
   (O)  "NON-PURCHASING TENANT". A PERSON WHO HAS NOT PURCHASED UNDER THE
 PRESERVATION  PLAN  FROM  OFFEROR  AND  WHO  IS  A  TENANT  ENTITLED  TO
 POSSESSION  AT THE TIME THE PRESERVATION PLAN IS DECLARED EFFECTIVE OR A
 PERSON TO WHOM A DWELLING UNIT IS RENTED FROM OFFEROR AFTER THE  PRESER-
 VATION PLAN WAS DECLARED EFFECTIVE. A PERSON WHO SUBLETS A DWELLING UNIT
 FROM  A PURCHASER UNDER THE PRESERVATION PLAN SHALL NOT BE DEEMED A NON-
 PURCHASING TENANT. A TENANT ENTITLED TO  POSSESSION  OF  AN  INCOME-RES-
 TRICTED RENTAL UNIT AT THE TIME THE PRESERVATION PLAN IS DECLARED EFFEC-
 TIVE    IS   A   NON-PURCHASING   TENANT,   NOTWITHSTANDING   THAT   THE
 INCOME-RESTRICTED RENTAL UNITS ARE NOT OFFERED FOR SALE PURSUANT TO SUCH
 PRESERVATION PLAN.
   (P) "POST-CLOSING AMENDMENT". A POST-CLOSING AMENDMENT IS AN AMENDMENT
 TO A PRESERVATION PLAN FILED WITH THE ATTORNEY GENERAL  CONFIRMING  THAT
 THE PRESERVATION PLAN HAS BEEN CONSUMMATED.
 S. 3006--B                         112
 
   (Q) "PRESERVATION PLAN". AN OFFERING STATEMENT OR PROSPECTUS SUBMITTED
 TO  THE DEPARTMENT OF LAW PURSUANT TO THIS SECTION FOR THE CONVERSION OF
 A BUILDING OR GROUP OF BUILDINGS OR DEVELOPMENT OF AN  ELIGIBLE  PROJECT
 FROM  RENTAL  STATUS TO CONDOMINIUM OWNERSHIP, WHEREIN THE OFFEROR DOCU-
 MENTS  THAT  IT  HAS  AGREED  TO  AN EXTENDED AFFORDABILITY TERM FOR THE
 INCOME-RESTRICTED RENTAL UNITS WITH A RELEVANT HOUSING FINANCE AGENCY.
   (R) "PURCHASER UNDER THE PRESERVATION PLAN".  A  PURCHASER  UNDER  THE
 PRESERVATION PLAN IS A PERSON WHO PURCHASES A DWELLING UNIT FROM OFFEROR
 PURSUANT  TO THE TERMS OF A PRESERVATION PLAN THAT HAS BEEN ACCEPTED FOR
 FILING BY THE ATTORNEY GENERAL. A PERSON OR ENTITY THAT ACQUIRES  DWELL-
 ING  UNITS  AND  ASSUMES  CERTAIN  OBLIGATIONS  OF  OFFEROR SHALL NOT BE
 CONSIDERED A PURCHASER UNDER THE PRESERVATION PLAN.
   (S) "QUALIFIED OWNER". A QUALIFIED OWNER REFERS TO THE ENTITY APPROVED
 BY THE RELEVANT  HOUSING  FINANCE  AGENCY  ON  OR  BEFORE  THE  DATE  OF
 SUBMISSION  OF  A  PRESERVATION  PLAN TO THE DEPARTMENT OF LAW THAT WILL
 OWN, OPERATE AND MAINTAIN THE INCOME-RESTRICTED  RENTAL  UNIT  OR  UNITS
 THAT ARE IN THE BUILDING, GROUP OF BUILDINGS OR DEVELOPMENT THAT ARE THE
 SUBJECT  OF THE PRESERVATION PLAN. THE ENTITY WHICH IS A QUALIFIED OWNER
 SHALL ONLY BE EITHER: (I) A HOUSING DEVELOPMENT  FUND  COMPANY  INCORPO-
 RATED  PURSUANT TO ARTICLE ELEVEN OF THE PRIVATE FINANCE HOUSING LAW; OR
 (II) A COMMUNITY LAND TRUST OR OTHER  CHARITABLE  CORPORATION  ORGANIZED
 UNDER  THE NOT-FOR-PROFIT CORPORATION LAW THAT HAS AS ITS PRIMARY CHARI-
 TABLE PURPOSE THE OWNERSHIP, OPERATION AND  MAINTENANCE  OF  MULTIFAMILY
 HOUSING FOR PERSONS AND FAMILIES OF LOW INCOME AS DEFINED BY SUBDIVISION
 NINETEEN OF SECTION TWO OF THE PRIVATE FINANCE HOUSING LAW.
   (T) "RELEVANT HOUSING FINANCE AGENCY". RELEVANT HOUSING FINANCE AGENCY
 SHALL  REFER  TO  A CITY OR STATE AGENCY WITH OVERSIGHT OVER INCOME-RES-
 TRICTED RENTAL UNITS  DUE  TO  THE  RECEIPT  OF  SUBSTANTIAL  GOVERNMENT
 ASSISTANCE  PRIOR  TO THE DATE OF SUBMISSION OF A PRESERVATION PLAN. FOR
 PURPOSES OF THIS SECTION, A RELEVANT HOUSING FINANCE AGENCY  SHALL  ALSO
 REFER  TO  THE CITY OR STATE AGENCY THAT WILL CONTINUE TO HAVE OVERSIGHT
 OF INCOME-RESTRICTED RENTAL UNITS AFTER CONSUMMATION OF THE PRESERVATION
 PLAN.
   (U) "REGULATORY AGREEMENT". A REGULATORY AGREEMENT SHALL REFER TO  THE
 WRITTEN  AGREEMENT WITH A RELEVANT HOUSING FINANCE AGENCY THAT RESTRICTS
 THE INCOME AND RENTS OF INCOME-RESTRICTED RENTAL UNITS THAT  IS  EITHER:
 (I) IN EFFECT PRIOR TO THE DATE OF SUBMISSION OF A PRESERVATION PLAN; OR
 (II) IN EFFECT AFTER CONSUMMATION OF THE PRESERVATION PLAN.
   (V) "RENT STABILIZATION". RENT STABILIZATION SHALL MEAN, COLLECTIVELY,
 THE  RENT  STABILIZATION LAW OF NINETEEN SIXTY-NINE, THE RENT STABILIZA-
 TION CODE, THE EMERGENCY TENANT PROTECTION ACT  OF    NINETEEN  SEVENTY-
 FOUR,  AND  THE HOUSING STABILITY AND TENANT PROTECTION ACT OF TWO THOU-
 SAND NINETEEN, TOGETHER WITH ANY OTHER SUCCESSOR STATUTES THERETO.
   (W)  "SUBSTANTIAL  GOVERNMENT  ASSISTANCE".   SUBSTANTIAL   GOVERNMENT
 ASSISTANCE  SHALL  REFER  TO  EITHER  (I) LOW INCOME HOUSING TAX CREDITS
 UNDER SECTION FORTY-TWO OF  THE  INTERNAL  REVENUE  CODE  OR  (II)  BOND
 FINANCING  UNDER  SECTION  ONE HUNDRED FORTY-TWO OF THE INTERNAL REVENUE
 CODE.
   (X) "ZONING RESOLUTION". ZONING RESOLUTION SHALL REFER TO  THE  ZONING
 RESOLUTION OF THE CITY OF NEW YORK.
   2.  THE ATTORNEY GENERAL SHALL REFUSE TO ACCEPT FOR SUBMISSION A PRES-
 ERVATION PLAN FOR THE CONVERSION OF A BUILDING OR GROUP OF BUILDINGS  OR
 DEVELOPMENT  IF  THE  RELEVANT  HOUSING FINANCE AGENCY HAS NOT CONFIRMED
 THAT THE PRESERVATION PLAN IS FOR AN ELIGIBLE PROJECT,  WHICH  SHALL  BE
 DEFINED  AS  A  BUILDING OR GROUP OF BUILDINGS OR DEVELOPMENT THAT MEETS
 S. 3006--B                         113
 
 THE DEFINITION OF AN ELIGIBLE PROJECT AND ONE OR MORE OF  THE  FOLLOWING
 REQUIREMENTS AS OF THE DATE OF SUBMISSION OF THE PRESERVATION PLAN:
   (A)  THE  PRESERVATION PLAN IS FOR A BUILDING OR GROUP OF BUILDINGS OR
 DEVELOPMENT THAT (I) RECEIVES A PARTIAL PROPERTY TAX EXEMPTION  PURSUANT
 TO  SUBDIVISION FIFTEEN OF SECTION FOUR HUNDRED TWENTY-ONE-A OF THE REAL
 PROPERTY TAX LAW, (II)  CONTAINS  INCOME-RESTRICTED  RENTAL  UNITS,  AND
 (III)  IS NOT SUBJECT TO AN EXISTING REGULATORY AGREEMENT THAT PROHIBITS
 THE CONVERSION OF THE DWELLING UNITS TO CONDOMINIUM OWNERSHIP; OR
   (B) THE PRESERVATION PLAN IS FOR A BUILDING OR GROUP OF  BUILDINGS  OR
 DEVELOPMENT THAT (I) RECEIVES LOW INCOME HOUSING TAX CREDITS PURSUANT TO
 SECTION  FORTY-TWO  OF  THE INTERNAL REVENUE CODE, (II) CONTAINS INCOME-
 RESTRICTED RENTAL UNITS, (III) IS NOT SUBJECT TO ANY AGREEMENT PROVIDING
 FOR A RIGHT OF FIRST REFUSAL WITH A  NOT-FOR-PROFIT  CORPORATION  UNLESS
 EVIDENCE  DEEMED SATISFACTORY TO THE DEPARTMENT OF LAW HAS BEEN PROVIDED
 THAT SUCH RIGHT OF FIRST REFUSAL HAS EITHER EXPIRED OR  THAT  SUCH  NOT-
 FOR-PROFIT  DECLINED  TO EXERCISE SUCH RIGHT, AND (IV) IS NOT SUBJECT TO
 AN EXISTING REGULATORY AGREEMENT THAT PROHIBITS THE  CONVERSION  OF  THE
 DWELLING UNITS TO CONDOMINIUM OWNERSHIP; OR
   (C)  THE  PRESERVATION PLAN IS FOR A BUILDING OR GROUP OF BUILDINGS OR
 DEVELOPMENT THAT (I) RECEIVES BOND FINANCING UNDER  SUBDIVISION  (D)  OF
 SECTION  ONE  HUNDRED  FORTY-TWO  OF  THE  INTERNAL  REVENUE  CODE, (II)
 CONTAINS INCOME-RESTRICTED RENTAL UNITS, AND (III) IS NOT SUBJECT TO  AN
 EXISTING  REGULATORY  AGREEMENT  THAT  PROHIBITS  THE  CONVERSION OF THE
 DWELLING UNITS TO CONDOMINIUM OWNERSHIP; OR
   (D) THE PRESERVATION PLAN IS FOR A BUILDING OR GROUP OF  BUILDINGS  OR
 DEVELOPMENT,  THAT  (I) CONTAINS ONE OR MORE INCLUSIONARY HOUSING UNITS,
 (II) IS NOT SUBJECT TO AN EXISTING REGULATORY AGREEMENT  THAT  PROHIBITS
 THE CONVERSION OF THE DWELLING UNITS TO CONDOMINIUM OWNERSHIP, AND (III)
 CONTAINS  A  REPRESENTATION  THAT AN AGREEMENT HAS BEEN REACHED WITH THE
 RELEVANT HOUSING FINANCE AGENCY TO INCREASE THE TOTAL NUMBER OF  INCOME-
 RESTRICTED  RENTAL UNITS IN THE BUILDING OR GROUP OF BUILDINGS OR DEVEL-
 OPMENT TO THIRTY  PERCENT  FOR  THE  EXTENDED  AFFORDABILITY  TERM  UPON
 CONSUMMATION OF THE PRESERVATION PLAN.
   3.  AT  THE  TIME  OF SUBMISSION OF THE PRESERVATION PLAN, THE OFFEROR
 SHALL CONFIRM THAT IT HAS REACHED AN AGREEMENT WITH A  RELEVANT  HOUSING
 FINANCE  AGENCY  REGARDING THE INCOME-RESTRICTED RENTAL UNITS DURING THE
 EXTENDED AFFORDABILITY TERM, AND SHALL INCLUDE THE FOLLOWING DISCLOSURES
 IN THE PRESERVATION PLAN:
   (A) A LIST OF THE PROPOSED INCOME-RESTRICTED RENTAL UNITS;
   (B) THE PROPOSED  QUALIFIED  OWNER  OF  THE  INCOME-RESTRICTED  RENTAL
 UNITS,  WHICH  QUALIFIED OWNER SHALL TAKE TITLE TO THE INCOME-RESTRICTED
 RENTAL UNITS NO LATER THAN THREE HUNDRED SIXTY-FIVE DAYS FROM  THE  DATE
 OF CONSUMMATION OF THE PRESERVATION PLAN;
   (C)  THE OPERATING EXPENSES AND REVENUES APPLICABLE TO THE INCOME-RES-
 TRICTED RENTAL UNITS, WHICH SHALL BE REFLECTED IN THE UPDATED SCHEDULE A
 AND SCHEDULE B FOR THE FIRST YEAR OF OPERATION OF THE  CONDOMINIUM,  THE
 ALLOCATION OF COMMON INTERESTS, PROJECTED COMMON CHARGES, ESTIMATED REAL
 ESTATE  TAXES,  AND  RENTS  TO  BE COLLECTED FROM EACH INCOME-RESTRICTED
 RENTAL UNIT, AND THE ALLOCATION OF COMMON EXPENSES UNDER  SECTION  THREE
 HUNDRED  THIRTY-NINE-M  OF  THE  REAL  PROPERTY  LAW,  APPLICABLE TO THE
 INCOME-RESTRICTED RENTAL UNITS, WHICH SHALL BE  USED  TO  LIMIT  CERTAIN
 CONDOMINIUM EXPENSES ALLOCABLE TO THE INCOME-RESTRICTED RENTAL UNITS AND
 TO  COVER  ANY  SHORTFALL IN THE REVENUE FROM RENT TO COVER THE COSTS OF
 OPERATION OF THE INCOME-RESTRICTED RENTAL UNITS;
 S. 3006--B                         114
 
   (D) A DESCRIPTION OF ANY FINANCING ENCUMBERING  THE  INCOME-RESTRICTED
 RENTAL  UNITS,  AND  WHETHER A TAX EXEMPTION OR ABATEMENT IS IN PLACE TO
 REDUCE REAL ESTATE TAXES FOR THE INCOME-RESTRICTED RENTAL UNITS;
   (E)  A  DESCRIPTION  OF  ANY  REGULATORY AGREEMENT OR AGREEMENTS TO BE
 RECORDED AGAINST THE INCOME-RESTRICTED RENTAL UNITS AND THE TERM THEREOF
 AND THE RELEVANT HOUSING FINANCE AGENCY  OR  AGENCIES  WITH  SUPERVISORY
 OVERSIGHT;
   (F) A DESCRIPTION OF THE PROVISIONS OF THE DECLARATION AND BY-LAWS FOR
 THE  CONDOMINIUM  THAT  PROVIDES  FOR  THE  SPECIAL ALLOCATION OF COMMON
 EXPENSES IN ACCORDANCE WITH SECTION THREE HUNDRED THIRTY-NINE-M  OF  THE
 REAL  PROPERTY LAW, AND ANY SPECIFIC REQUIREMENTS SET FORTH IN A REGULA-
 TORY AGREEMENT REQUIRING UNIT OWNERS IN THE  CONDOMINIUM  TO  COVER  ANY
 SHORTFALL  IN  THE  REVENUE FROM RENT TO COVER THE COSTS OF OPERATION OF
 THE INCOME-RESTRICTED RENTAL UNITS;
   (G) A DESCRIPTION OF THE CONTEMPLATED STRUCTURE OF THE BOARD OF MANAG-
 ERS OF THE CONDOMINIUM, INCLUDING SPECIFICALLY AN EXPLANATION AS TO  HOW
 THE  INTERESTS  OF  THE  QUALIFIED OWNER OF THE INCOME-RESTRICTED RENTAL
 UNITS ARE TO BE ADEQUATELY REPRESENTED;
   (H) A DESCRIPTION OF THE BUILDING-WIDE AMENITIES AND A  REPRESENTATION
 THAT  THE DECLARATION AND BY-LAWS FOR THE CONDOMINIUM SHALL REQUIRE THAT
 TENANTS OF THE INCOME-RESTRICTED RENTAL UNITS BE PROVIDED AN OPPORTUNITY
 TO USE COMMONLY ACCESSIBLE AMENITIES OF THE CONDOMINIUM AND  NOT  UNIQUE
 TO  AN  INDIVIDUAL  UNIT,  INCLUDING  BUT NOT LIMITED TO: POOLS, FITNESS
 CENTERS, STORAGE SPACES, PARKING, AND ROOFS OR GARDENS ACCESSIBLE  ON  A
 BUILDING-WIDE  BASIS,  AND  THAT  THE  TENANTS  OF THE INCOME-RESTRICTED
 RENTAL UNITS MAY ONLY BE CHARGED A NOMINAL AND REASONABLE FEE  FOR  SUCH
 USE, WHICH SHALL NOT BE TREATED AS RENT UNDER ANY RENTAL AGREEMENT;
   (I)  THE  NAME,  ADDRESS  AND CONTACT DETAILS FOR THE RELEVANT HOUSING
 FINANCE AGENCY OR AGENCIES WITH SUPERVISORY OVERSIGHT OF THE INCOME-RES-
 TRICTED RENTAL UNITS AND THE OCCUPANTS WITHIN;
   (J) THAT THE REGULATORY AGREEMENT CONTAINS A PROVISION WHICH  REQUIRES
 THAT  ONCE  A  VACANCY OCCURS OF AN INCOME-RESTRICTED RENTAL UNIT, AFTER
 CONSUMMATION OF THE PRESERVATION PLAN, THEN SAID UNIT MAY ONLY BE LEASED
 TO LOW INCOME HOUSEHOLDS WHOSE ANNUAL HOUSEHOLD INCOME  IS  NOT  GREATER
 THAN  SIXTY  PERCENT  OF  AREA  MEDIAN INCOME AT THE TIME OF THE INITIAL
 LEASE;
   (K) A REPRESENTATION BY OFFEROR THAT THE REGULATORY AGREEMENT INCLUDES
 AND ACCOUNTS FOR (I)  ALL  OF  THE  EXISTING  ON-SITE  INCOME-RESTRICTED
 RENTAL  UNITS  IN AN EXISTING BUILDING OR GROUP OF BUILDINGS OR DEVELOP-
 MENT, OR (II) ALL OF THE INCOME-RESTRICTED RENTAL UNITS ASSOCIATED  WITH
 AN  EXISTING  BUILDING OR GROUP OF BUILDINGS OR DEVELOPMENT LOCATED ON A
 ZONING LOT WHERE ONE OR MORE BUILDINGS  WERE  SET  ASIDE  AS  AFFORDABLE
 HOUSING  FOR PURPOSES OF QUALIFYING FOR A PARTIAL PROPERTY TAX EXEMPTION
 PURSUANT TO SECTION FOUR HUNDRED TWENTY-ONE-A OF THE REAL  PROPERTY  TAX
 LAW;
   (L)  TO  THE  EXTENT  NOT ALREADY SUBJECT THERETO PRIOR TO THE CONSUM-
 MATION OF THE PRESERVATION PLAN, A REPRESENTATION BY  OFFEROR  THAT  THE
 REGULATORY AGREEMENT SHALL REQUIRE ALL INCOME RESTRICTED RENTAL UNITS BE
 SUBJECT  TO  RENT  STABILIZATION DURING THE EXTENDED AFFORDABILITY TERM,
 AND THAT NO INCOME-RESTRICTED RENTAL UNITS  MAY  BE  REMOVED  FROM  RENT
 STABILIZATION PURSUANT TO THE EXEMPTION FOR UNITS OWNED AS A CONDOMINIUM
 UNDER  SECTIONS  2520.11  AND  2500.9  OF THE RENT STABILIZATION CODE OR
 SECTION 26-504 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK; AND
   (M) THE RECORDING OF THE CONDOMINIUM DECLARATION AND  COMMENCEMENT  OF
 CONDOMINIUM  OPERATIONS  DOES  NOT  MODIFY THE REQUIREMENT UNDER SECTION
 S. 3006--B                         115
 
 FOUR HUNDRED TWENTY-ONE-A OF THE REAL PROPERTY TAX LAW THAT ALL RESIDEN-
 TIAL RENTAL APARTMENTS ARE SUBJECT TO RENT STABILIZATION.
   4.  UPON SUBMISSION OF THE PRESERVATION PLAN TO THE DEPARTMENT OF LAW,
 EACH TENANT IN THE BUILDING OR GROUP OF BUILDINGS OR  DEVELOPMENT  OF  A
 DWELLING  UNIT  BEING  OFFERED FOR SALE SHALL BE PROVIDED WITH A WRITTEN
 NOTICE STATING THAT SUCH PRESERVATION PLAN HAS  BEEN  SUBMITTED  TO  THE
 DEPARTMENT  OF  LAW.  WRITTEN  NOTICE  TO EACH TENANT IN OCCUPANCY SHALL
 CONTAIN OR BE ACCOMPANIED BY:
   (A) A COPY OF THE PRESERVATION PLAN;
   (B) A STATEMENT THAT TENANTS OF THE DWELLING UNITS BEING  OFFERED  FOR
 SALE  PURSUANT  TO  THE  PRESERVATION  PLAN OR THEIR REPRESENTATIVES MAY
 PHYSICALLY INSPECT THE PREMISES AT ANY TIME SUBSEQUENT TO THE SUBMISSION
 OF THE PRESERVATION PLAN TO THE DEPARTMENT OF LAW, DURING  NORMAL  BUSI-
 NESS  HOURS,  UPON WRITTEN REQUEST MADE BY THEM TO THE OFFEROR, PROVIDED
 SUCH REPRESENTATIVES ARE REGISTERED ARCHITECTS OR PROFESSIONAL ENGINEERS
 LICENSED BY THE OFFICE OF THE PROFESSIONS OF THE EDUCATION DEPARTMENT OF
 THE STATE OF NEW YORK; AND
   (C) A STATEMENT THAT TENANTS OF THE INCOME-RESTRICTED RENTAL UNITS ARE
 NOT BEING OFFERED FOR SALE THE DWELLING UNITS  THEY  OCCUPY,  BUT  THEIR
 TENANCIES  SHALL CONTINUE UNDISTURBED DURING AND AFTER THE CONVERSION OF
 THE PROPERTY TO CONDOMINIUM OWNERSHIP. THE STATEMENT SHALL ALSO DISCLOSE
 THAT ALL  INCOME-RESTRICTED  RENTAL  UNITS  SHALL  BE  SUBJECT  TO  RENT
 STABILIZATION THROUGHOUT THE EXTENDED AFFORDABILITY TERM.
   5.  THE  TENANTS IN OCCUPANCY OF DWELLING UNITS BEING OFFERED FOR SALE
 ON THE DATE THE ATTORNEY  GENERAL  ACCEPTS  THE  PRESERVATION  PLAN  FOR
 FILING  SHALL  HAVE THE EXCLUSIVE RIGHT TO PURCHASE THEIR DWELLING UNITS
 FOR NINETY DAYS AFTER THE PRESERVATION PLAN HAS BEEN ACCEPTED FOR FILING
 BY THE ATTORNEY GENERAL, DURING WHICH TIME THE OFFERING PRICE  AVAILABLE
 TO  THE TENANT IN OCCUPANCY MAY NOT BE INCREASED AND A TENANT'S DWELLING
 UNIT SHALL NOT BE SHOWN TO A THIRD PARTY  UNLESS  SUCH  TENANT  HAS,  IN
 WRITING, WAIVED THEIR RIGHT TO PURCHASE. SUBSEQUENT TO THE EXPIRATION OF
 SUCH NINETY-DAY PERIOD, A TENANT IN OCCUPANCY OF A DWELLING UNIT WHO HAS
 NOT  PURCHASED  SHALL BE GIVEN THE EXCLUSIVE RIGHT FOR AN ADDITIONAL SIX
 MONTHS FROM SAID EXPIRATION DATE TO PURCHASE SAID DWELLING UNIT  ON  THE
 SAME  TERMS  AND CONDITIONS AS ARE CONTAINED IN ANY EXECUTED CONTRACT TO
 PURCHASE SAID DWELLING UNIT ENTERED INTO BY A PURCHASER UNDER THE  PRES-
 ERVATION  PLAN,  SUCH  EXCLUSIVE  RIGHT TO BE EXERCISABLE WITHIN FIFTEEN
 DAYS FROM THE DATE OF MAILING  BY  REGISTERED  MAIL  OF  NOTICE  OF  THE
 EXECUTION  OF  A  CONTRACT OF SALE TOGETHER WITH A COPY OF SAID EXECUTED
 PURCHASE AGREEMENT TO SAID TENANT.
   6. THE PRESERVATION PLAN SHALL ALSO DISCLOSE THAT THE OFFEROR SHALL:
   (A) MARKET AND SELL ALL THE DWELLING UNITS (OTHER THAN THE INCOME-RES-
 TRICTED RENTAL UNITS) IN THE BUILDING OR GROUP OF BUILDINGS OR  DEVELOP-
 MENT,  AS  EACH  SUCH DWELLING UNIT BECOMES VACANT, TO A PURCHASER UNDER
 THE PRESERVATION PLAN THROUGH THE USE OF  COMMERCIALLY  REASONABLE  GOOD
 FAITH EFFORTS;
   (B) FUND THE RESERVE FUND AND DEDICATED CAPITAL FUND IN THE MANNER AND
 AMOUNTS  AS PROVIDED IN SECTION THREE HUNDRED THIRTY-NINE-MM OF THE REAL
 PROPERTY LAW;
   (C) FILE AN ANNUAL UPDATE AMENDMENT EVERY YEAR WHICH SHALL INCLUDE  AN
 UPDATED  SCHEDULE  A  OF ALL DWELLING UNITS BEING OFFERED FOR SALE UNDER
 THE PRESERVATION PLAN; AND
   (D) EXERCISE COMMERCIALLY REASONABLE GOOD FAITH  EFFORTS  TO  SELL  AT
 LEAST  FIFTY-ONE  PERCENT  OF THE TOTAL NUMBER OF DWELLING UNITS OFFERED
 FOR SALE UNDER THE PRESERVATION PLAN  (EXCLUDING  ANY  INCOME-RESTRICTED
 S. 3006--B                         116
 
 RENTAL  UNITS  NOT  OFFERED FOR SALE) WITHIN FIVE YEARS FROM THE DATE OF
 THE POST-CLOSING AMENDMENT.
   7.  AFTER THE ISSUANCE OF THE LETTER FROM THE ATTORNEY GENERAL STATING
 THAT THE PRESERVATION PLAN HAS BEEN ACCEPTED  FOR  FILING,  THE  OFFEROR
 SHALL, ON THE THIRTIETH, SIXTIETH, EIGHTY-EIGHTH AND NINETIETH DAY AFTER
 SUCH  DATE  AND  AT  LEAST ONCE EVERY THIRTY DAYS UNTIL THE PRESERVATION
 PLAN IS DECLARED EFFECTIVE OR ABANDONED, AS THE CASE MAY BE, AND ON  THE
 SECOND  DAY  BEFORE  THE  EXPIRATION  OF  ANY  EXCLUSIVE PURCHASE PERIOD
 PROVIDED IN A SUBSTANTIAL AMENDMENT TO THE PRESERVATION PLAN:
   (A) FILE WITH THE ATTORNEY GENERAL  A  WRITTEN  STATEMENT  UNDER  OATH
 SETTING  FORTH  THE  PERCENTAGE OF BONA FIDE TENANTS IN OCCUPANCY OF ALL
 DWELLING UNITS IN THE BUILDING OR GROUP OF BUILDINGS OR  DEVELOPMENT  ON
 THE  DATE  THE PRESERVATION PLAN WAS ACCEPTED FOR FILING BY THE ATTORNEY
 GENERAL WHO HAVE EXECUTED AND DELIVERED WRITTEN AGREEMENTS  TO  PURCHASE
 UNDER  THE  PRESERVATION  PLAN  AS OF THE DATE OF SUCH WRITTEN STATEMENT
 UNDER OATH; AND
   (B) BEFORE NOON ON THE DAY SUCH STATEMENT IS FILED POST A COPY OF SUCH
 WRITTEN STATEMENT UNDER OATH IN A  PROMINENT  PLACE  ACCESSIBLE  TO  ALL
 TENANTS IN EACH BUILDING COVERED BY THE PRESERVATION PLAN.
   8.  A  PRESERVATION  PLAN  MAY NOT BE DECLARED EFFECTIVE UNTIL WRITTEN
 PURCHASE AGREEMENTS HAVE  BEEN  EXECUTED  AND  DELIVERED  FOR  AT  LEAST
 FIFTEEN  PERCENT  OF ALL DWELLING UNITS OFFERED FOR SALE IN THE BUILDING
 OR GROUP OF BUILDINGS OR DEVELOPMENT FROM EITHER (A) BONA  FIDE  TENANTS
 WHO  WERE  IN  OCCUPANCY ON THE DATE A LETTER WAS ISSUED BY THE ATTORNEY
 GENERAL ACCEPTING THE PRESERVATION PLAN FOR  FILING  OR  (B)  BONA  FIDE
 NON-TENANT  PURCHASERS.  THE  PURCHASE  AGREEMENT  SHALL BE EXECUTED AND
 DELIVERED PURSUANT TO AN OFFERING MADE IN GOOD FAITH WITHOUT  FRAUD  AND
 DISCRIMINATORY  REPURCHASE  AGREEMENTS  OR  OTHER DISCRIMINATORY INDUCE-
 MENTS. A NEGOTIATED REDUCTION FROM THE ORIGINAL OFFERING PRICE  EXTENDED
 SHALL NOT, BY ITSELF, BE DEEMED A DISCRIMINATORY INDUCEMENT.
   9. THOSE WRITTEN STATEMENTS UNDER OATH THAT THE OFFEROR IS REQUIRED TO
 FILE  WITH  THE  ATTORNEY  GENERAL PURSUANT TO SUBDIVISION SEVEN OF THIS
 SECTION SHALL ALSO INCLUDE:
   (A) THE TOTAL NUMBER OF WRITTEN AGREEMENTS TO PURCHASE UNDER THE PRES-
 ERVATION PLAN RECEIVED FROM BONA FIDE NON-TENANT PURCHASERS;
   (B) THE TOTAL NUMBER OF WRITTEN AGREEMENTS TO PURCHASE UNDER THE PRES-
 ERVATION PLAN RECEIVED FROM ALL BONA FIDE TENANTS IN OCCUPANCY;
   (C) THE PERCENTAGE OF DWELLING UNITS  UNDER  CONTRACT,  CALCULATED  BY
 ADDING  THE  NUMBER  OF WRITTEN PURCHASE AGREEMENTS FOR A UNIT THAT WERE
 RECEIVED FROM (I) ALL BONA FIDE TENANTS IN OCCUPANCY PLUS (II) ALL  BONA
 FIDE  NON-TENANT  PURCHASERS  AND  THEN  DIVIDING  THE  SUM OF THOSE TWO
 NUMBERS BY THE TOTAL NUMBER OF DWELLING UNITS OFFERED FOR SALE UNDER THE
 PRESERVATION PLAN;
   (D) WHETHER OR NOT THE OFFEROR INTENDS TO CLAIM A CREDIT  AGAINST  THE
 MANDATORY  INITIAL CONTRIBUTION THE OFFEROR IS OBLIGATED TO DEPOSIT INTO
 THE CONDOMINIUM'S RESERVE FUND PURSUANT TO SUBDIVISION THREE OF  SECTION
 THREE  HUNDRED  THIRTY-NINE-MM  OF  THE REAL PROPERTY LAW FOR THE ACTUAL
 COST OF CAPITAL REPLACEMENTS WHICH THE OFFEROR HAS BEGUN AFTER THE PRES-
 ERVATION PLAN WAS SUBMITTED FOR FILING TO  THE  DEPARTMENT  OF  LAW  BUT
 BEFORE  THE PRESERVATION PLAN IS DECLARED EFFECTIVE, TOGETHER WITH THEIR
 ACTUAL OR ESTIMATED COSTS WHICH CREDIT SHALL NOT EXCEED THE ACTUAL  COST
 OF THE CREDIT;
   (E)  WHETHER  OR  NOT  THE  OFFEROR  SHALL  BE MAKING ITS RESERVE FUND
 CONTRIBUTIONS REQUIRED PURSUANT TO SECTION THREE HUNDRED  THIRTY-NINE-MM
 EARLIER OR IN AN AMOUNT GREATER THAN REQUIRED; AND
 S. 3006--B                         117
 
   (F) A REPRESENTATION THAT NO PURCHASER COUNTED FOR PURPOSES OF DECLAR-
 ING THE PRESERVATION PLAN EFFECTIVE IS THE OFFEROR, THE SELLING AGENT OR
 THE MANAGING AGENT, OR IS A PRINCIPAL OF THE OFFEROR, THE SELLING AGENT,
 OR THE MANAGING AGENT OR IS RELATED TO ANY PRINCIPAL OF THE OFFEROR, ANY
 PRINCIPAL OF THE SELLING AGENT OR ANY PRINCIPAL OF THE MANAGING AGENT BY
 BLOOD, MARRIAGE, OR ADOPTION, OR IS AN AFFILIATE, BUSINESS ASSOCIATE, AN
 EMPLOYEE,  A SHAREHOLDER, A MEMBER, A MANAGER, A DIRECTOR, AN OFFICER, A
 LIMITED PARTNER OF THE OFFEROR, SELLING AGENT OR MANAGING AGENT.
   10. THE PRESERVATION PLAN SHALL PROVIDE THAT IT WILL BE  DEEMED  ABAN-
 DONED,  VOID  AND  OF  NO  EFFECT IF IT DOES NOT BECOME EFFECTIVE WITHIN
 FIFTEEN MONTHS FROM THE DATE OF ISSUE OF  THE  LETTER  OF  THE  ATTORNEY
 GENERAL  STATING THAT THE PRESERVATION PLAN HAS BEEN ACCEPTED FOR FILING
 AND, IN THE EVENT OF SUCH ABANDONMENT, NO NEW PLAN FOR THE CONVERSION OF
 SUCH BUILDING OR GROUP OF BUILDINGS OR DEVELOPMENT SHALL BE SUBMITTED TO
 THE ATTORNEY GENERAL FOR AT LEAST TWELVE MONTHS AFTER SUCH ABANDONMENT.
   11. NO CLOSINGS OF TITLE OF A DWELLING UNIT TO A PURCHASER  UNDER  THE
 PRESERVATION PLAN SHALL TAKE PLACE UNTIL THE ATTORNEY GENERAL SHALL HAVE
 ALSO  ACCEPTED  FOR  FILING  AN AMENDMENT THAT DECLARES THE PRESERVATION
 PLAN EFFECTIVE. WITHIN FORTY-FIVE DAYS OF THE FIRST CLOSING OF TITLE  OF
 A  DWELLING UNIT TO A PURCHASER UNDER THE PRESERVATION PLAN, THE OFFEROR
 SHALL SUBMIT TO THE ATTORNEY GENERAL ITS POST-CLOSING AMENDMENT  TO  THE
 PRESERVATION  PLAN.  THEREAFTER, THE PRESERVATION PLAN SHALL CONTINUALLY
 BE UPDATED WITH THE FILING OF AN ANNUAL UPDATE AMENDMENT, NO LATER  THAN
 THIRTY  DAYS  FROM  THE  ANNIVERSARY  OF  THE  DATE THE ATTORNEY GENERAL
 ACCEPTED THE POST-CLOSING AMENDMENT FOR FILING. AN OFFEROR OR  SUCCESSOR
 OFFEROR  SHALL  ONLY  BE  RELIEVED  OF  ITS OBLIGATION TO FILE AN ANNUAL
 UPDATE AMENDMENT TO THE PRESERVATION PLAN AFTER THE LAST  DWELLING  UNIT
 OFFERED FOR SALE IS CONVEYED TO A PURCHASER UNDER THE PRESERVATION PLAN.
   12. AFTER THE DATE OF ACCEPTANCE FOR FILING OF THE POST-CLOSING AMEND-
 MENT,  THE  OFFEROR  SHALL CONTINUE TO MAKE COMMERCIALLY REASONABLE GOOD
 FAITH EFFORTS TO SELL THE DWELLING UNITS IT OWNS.
   13. THE ATTORNEY GENERAL SHALL REFUSE TO ACCEPT FOR FILING  AN  ANNUAL
 UPDATE AMENDMENT TO THE PRESERVATION PLAN UNLESS:
   (A)  THE  ANNUAL  UPDATE AMENDMENT DISCLOSES, IN ADDITION TO THE OTHER
 DISCLOSURES REQUIRED ELSEWHERE IN THIS SECTION OR THE REGULATIONS OF THE
 ATTORNEY GENERAL, THE FOLLOWING DATA AND INFORMATION:
   (I) AN ACCOUNTING OF THE DWELLING UNITS SOLD AND CLOSED BY THE OFFEROR
 IN THE PRECEDING TWELVE MONTHS, WITH AN INDICATION IF THE DWELLING  UNIT
 WAS  CONVEYED TO A PURCHASER UNDER THE PRESERVATION PLAN OR TO A SUCCES-
 SOR OFFEROR;
   (II) AN INVENTORY OF THE OFFEROR'S UNSOLD DWELLING UNITS AT THE END OF
 THE PRECEDING TWELVE MONTHS, IN FORM AND SUBSTANCE AS SHALL SATISFY  THE
 ATTORNEY GENERAL; AND
   (III)  ALL THE INFORMATION, DATA AND LITERATURE PRESENTED BY THE BOARD
 OF MANAGERS IN ITS SEMI-ANNUAL REPORTS ON THE STATUS OF THE RESERVE FUND
 AS REQUIRED UNDER SUBDIVISION FIVE OF SECTION THREE HUNDRED THIRTY-NINE-
 MM OF THE REAL PROPERTY LAW.
   (B) THE ANNUAL UPDATE AMENDMENT SHALL BE ACCOMPANIED BY  AN  AFFIDAVIT
 FROM  A  PRINCIPAL  OF  THE  OFFEROR ATTESTING TO THE FOLLOWING DATA AND
 INFORMATION WITH RESPECT TO ALL THE  DWELLING  UNITS  THE  OFFEROR  THEN
 OWNS:
   (I) THE DWELLING UNITS' IDENTIFYING INFORMATION AND GENERAL LOCATION;
   (II)  WHETHER,  ON  THE DATE OF SUBMISSION OF THE ANNUAL UPDATE AMEND-
 MENT, THE UNSOLD DWELLING UNIT IS SUBJECT TO A FULLY  EXECUTED  PURCHASE
 AGREEMENT,  AND  IF  SO,  WHETHER THE PURCHASER IS A PURCHASER UNDER THE
 PRESERVATION PLAN OR OTHERWISE;
 S. 3006--B                         118
 
   (III) WHETHER, ON THE DATE OF SUBMISSION OF THE ANNUAL  UPDATE  AMEND-
 MENT, THE DWELLING UNIT IS OCCUPIED OR VACANT, AND IF OCCUPIED, AN INDI-
 CATION THAT OCCUPANCY IS:
   (A) BY A RENT-REGULATED TENANT;
   (B) BY A MARKET-RATE TENANT;
   (C) A MONTH-TO-MONTH TENANCY;
   (D) A TENANCY AT SUFFERANCE; OR
   (E) OTHER.
   (IV)  NOTWITHSTANDING  THE  OCCUPANCY STATUS OF A DWELLING UNIT ON THE
 DATE OF SUBMISSION OF THE ANNUAL UPDATE AMENDMENT, AN INDICATION IF  THE
 DWELLING  UNIT  WAS  VACANT  FOR  MORE  THAN ONE OF THE TWELVE PRECEDING
 MONTHS. FOR EACH DWELLING UNIT SO  INDICATED,  THE  OFFEROR  SHALL  ALSO
 DISCLOSE:
   (A) THE DATE RANGE THAT THE DWELLING UNIT WAS VACANT;
   (B)  THE  DATE RANGE FOR ANY PERIOD OF TIME THAT THE DWELLING UNIT WAS
 MARKETED FOR SALE;
   (C) DATE OF SALE;
   (D) THE DATE THE DWELLING UNIT WAS LEASED BY A TENANT; AND
   (E) THE DATE THE LEASE IS SET TO EXPIRE (IF APPLICABLE).
   14. NO EVICTION PROCEEDINGS SHALL BE COMMENCED  AT  ANY  TIME  AGAINST
 NON-PURCHASING  TENANTS  FOR FAILURE TO PURCHASE OR FOR ANY OTHER REASON
 APPLICABLE TO EXPIRATION OF TENANCY; PROVIDED THAT SUCH PROCEEDINGS  MAY
 BE  COMMENCED  FOR  NON-PAYMENT OF RENT, ILLEGAL USE OR OCCUPANCY OF THE
 PREMISES, REFUSAL OF REASONABLE ACCESS TO THE OWNER OR A SIMILAR  BREACH
 BY  THE  NON-PURCHASING  TENANT OF THEIR OBLIGATIONS TO THE OWNER OF THE
 DWELLING UNIT; AND PROVIDED FURTHER THAT AN OWNER  OF  A  UNIT  MAY  NOT
 COMMENCE  AN ACTION TO RECOVER POSSESSION OF A DWELLING UNIT FROM A NON-
 PURCHASING TENANT ON THE GROUNDS THAT THEY SEEK THE  DWELLING  UNIT  FOR
 THE USE AND OCCUPANCY OF THEMSELF OR THEIR FAMILY'S USE AND OCCUPANCY.
   15.  NO EVICTION PROCEEDINGS SHALL BE COMMENCED, EXCEPT AS PROVIDED IN
 THIS SUBDIVISION, AT ANY TIME AGAINST EITHER ELIGIBLE SENIOR CITIZENS OR
 ELIGIBLE DISABLED PERSONS. THE RENTALS OF ELIGIBLE SENIOR  CITIZENS  AND
 ELIGIBLE  DISABLED  PERSONS  WHO RESIDE IN DWELLING UNITS NOT SUBJECT TO
 GOVERNMENT REGULATION AS TO RENTALS AND CONTINUED OCCUPANCY AND ELIGIBLE
 SENIOR CITIZENS AND ELIGIBLE DISABLED PERSONS  WHO  RESIDE  IN  DWELLING
 UNITS  WITH  RESPECT  TO  WHICH  GOVERNMENT REGULATION AS TO RENTALS AND
 CONTINUED OCCUPANCY IS ELIMINATED  OR  BECOMES  INAPPLICABLE  AFTER  THE
 PRESERVATION  PLAN  HAS BEEN ACCEPTED FOR FILING SHALL NOT BE SUBJECT TO
 UNCONSCIONABLE INCREASES BEYOND ORDINARY RENTALS FOR  COMPARABLE  APART-
 MENTS  DURING  THE PERIOD OF THEIR OCCUPANCY CONSIDERING, IN DETERMINING
 COMPARABILITY, SUCH FACTORS AS BUILDING SERVICES, LEVEL  OF  MAINTENANCE
 AND  OPERATING EXPENSES; PROVIDED THAT SUCH PROCEEDINGS MAY BE COMMENCED
 AGAINST SUCH TENANTS FOR NON-PAYMENT OF RENT, ILLEGAL USE  OR  OCCUPANCY
 OF  THE PREMISES, REFUSAL OF REASONABLE ACCESS TO THE OWNER OR A SIMILAR
 BREACH BY THE TENANT OF THEIR OBLIGATIONS TO THE OWNER OF  THE  DWELLING
 UNIT.
   16.  ELIGIBLE SENIOR CITIZENS AND ELIGIBLE DISABLED PERSONS WHO RESIDE
 IN DWELLING UNITS SUBJECT TO GOVERNMENT REGULATION  AS  TO  RENTALS  AND
 CONTINUED OCCUPANCY SHALL CONTINUE TO BE SUBJECT THERETO.
   17.  THE RIGHTS GRANTED UNDER THE PRESERVATION PLAN TO ELIGIBLE SENIOR
 CITIZENS AND ELIGIBLE DISABLED PERSONS MAY NOT BE ABROGATED  OR  REDUCED
 NOTWITHSTANDING ANY EXPIRATION OF, OR AMENDMENT TO, THIS SECTION.
   18.  ANY OFFEROR WHO DISPUTES THE ELECTION BY A PERSON TO BE AN ELIGI-
 BLE SENIOR CITIZEN OR AN ELIGIBLE DISABLED PERSON  SHALL  APPLY  TO  THE
 ATTORNEY GENERAL WITHIN THIRTY DAYS OF THE RECEIPT OF THE ELECTION FORMS
 FOR  A  DETERMINATION BY THE ATTORNEY GENERAL OF SUCH PERSON'S ELIGIBIL-
 S. 3006--B                         119
 
 ITY. THE ATTORNEY GENERAL SHALL, WITHIN THIRTY DAYS THEREAFTER, ISSUE  A
 DETERMINATION  OF  ELIGIBILITY.  THE  FOREGOING SHALL, IN THE ABSENCE OF
 FRAUD, BE THE SOLE METHOD FOR DETERMINING A  DISPUTE  AS  TO  WHETHER  A
 PERSON IS AN ELIGIBLE SENIOR CITIZEN OR AN ELIGIBLE DISABLED PERSON. THE
 DETERMINATION OF THE ATTORNEY GENERAL SHALL BE REVIEWABLE ONLY THROUGH A
 PROCEEDING  UNDER  ARTICLE  SEVENTY-EIGHT  OF THE CIVIL PRACTICE LAW AND
 RULES, WHICH PROCEEDING SHALL BE COMMENCED WITHIN THIRTY DAYS AFTER SUCH
 DETERMINATION BY THE ATTORNEY GENERAL BECOMES FINAL.
   19. NON-PURCHASING TENANTS WHO RESIDE IN  DWELLING  UNITS  SUBJECT  TO
 GOVERNMENT REGULATION AS TO RENTALS AND CONTINUED OCCUPANCY PRIOR TO THE
 CONVERSION  OF  THE  BUILDING  OR  GROUP  OF BUILDINGS OR DEVELOPMENT TO
 CONDOMINIUM OWNERSHIP SHALL CONTINUE TO BE SUBJECT THERETO.
   20. THE RENTALS OF NON-PURCHASING TENANTS WHO RESIDE IN DWELLING UNITS
 NOT SUBJECT TO GOVERNMENT REGULATION AS TO RENTALS AND  CONTINUED  OCCU-
 PANCY  AND  NON-PURCHASING  TENANTS  WHO  RESIDE  IN DWELLING UNITS WITH
 RESPECT TO WHICH GOVERNMENT REGULATION AS TO RENTALS AND CONTINUED OCCU-
 PANCY IS ELIMINATED OR BECOMES INAPPLICABLE AFTER THE PRESERVATION  PLAN
 HAS  BEEN  ACCEPTED  FOR  FILING  BY  THE  ATTORNEY GENERAL SHALL NOT BE
 SUBJECT TO UNCONSCIONABLE INCREASES BEYOND ORDINARY RENTALS FOR COMPARA-
 BLE APARTMENTS DURING THE PERIOD  OF  THEIR  OCCUPANCY.  IN  DETERMINING
 COMPARABILITY,  CONSIDERATION SHALL BE GIVEN TO SUCH FACTORS AS BUILDING
 SERVICES, LEVEL OF MAINTENANCE AND OPERATING EXPENSES.
   21. THE RIGHTS GRANTED UNDER THE PRESERVATION PLAN TO PURCHASERS UNDER
 THE PRESERVATION PLAN AND TO NON-PURCHASING TENANTS MAY NOT BE ABROGATED
 OR REDUCED NOTWITHSTANDING ANY EXPIRATION  OF,  OR  AMENDMENT  TO,  THIS
 SECTION.
   22.  ANY  LOCAL  LEGISLATIVE BODY MAY ADOPT LOCAL LAWS AND ANY AGENCY,
 OFFICER OR PUBLIC BODY MAY PRESCRIBE RULES AND REGULATIONS WITH  RESPECT
 TO  THE  CONTINUED  OCCUPANCY  BY  TENANTS  OF  DWELLING UNITS WHICH ARE
 SUBJECT TO REGULATION AS TO RENTALS AND CONTINUED OCCUPANCY PURSUANT  TO
 LAW,  PROVIDED  THAT IN THE EVENT THAT ANY SUCH LOCAL LAW, RULE OR REGU-
 LATION SHALL BE INCONSISTENT WITH THE PROVISIONS OF  THIS  SECTION,  THE
 PROVISIONS OF THIS SECTION SHALL CONTROL.
   23. THE ATTORNEY GENERAL SHALL REFUSE TO ACCEPT FOR FILING A PRESERVA-
 TION  PLAN WHEN THE ATTORNEY GENERAL DETERMINES: (A) THAT ONE OR MORE OF
 THE INCOME-RESTRICTED RENTAL UNITS WITHIN THE BUILDING, GROUP OF  BUILD-
 INGS  OR DEVELOPMENT WAS VACANT ON THE DATE OF SUBMISSION; OR (B) OF THE
 DWELLING UNITS THAT ARE NOT INCOME-RESTRICTED RENTAL UNITS, AN EXCESSIVE
 NUMBER OF LONG-TERM VACANCIES DID NOT EXIST ON THE DATE THAT THE PRESER-
 VATION PLAN WAS FIRST SUBMITTED TO THE DEPARTMENT OF LAW.  FOR  PURPOSES
 OF THIS SUBDIVISION, "LONG-TERM VACANCIES" SHALL MEAN DWELLING UNITS NOT
 LEASED  OR OCCUPIED BY BONA FIDE TENANTS FOR MORE THAN FIVE MONTHS PRIOR
 TO THE DATE OF SUCH SUBMISSION TO THE DEPARTMENT OF LAW; AND "EXCESSIVE"
 SHALL MEAN A VACANCY RATE IN EXCESS OF THE GREATER OF  (I)  TEN  PERCENT
 AND (II) A PERCENTAGE THAT IS DOUBLE THE NORMAL AVERAGE VACANCY RATE FOR
 THE BUILDING OR GROUP OF BUILDINGS OR DEVELOPMENT FOR TWO YEARS PRIOR TO
 THE JANUARY PRECEDING THE DATE THE PRESERVATION PLAN WAS FIRST SUBMITTED
 TO THE DEPARTMENT OF LAW.
   24.  ALL  DWELLING  UNITS  OCCUPIED BY NON-PURCHASING TENANTS SHALL BE
 MANAGED BY THE SAME MANAGING AGENT WHO MANAGES ALL OTHER DWELLING  UNITS
 IN  THE  BUILDING  OR  GROUP  OF BUILDINGS OR DEVELOPMENT. SUCH MANAGING
 AGENT SHALL PROVIDE TO NON-PURCHASING TENANTS ALL SERVICES  AND  FACILI-
 TIES  REQUIRED  BY LAW ON A NON-DISCRIMINATORY BASIS.  THE OFFEROR SHALL
 GUARANTEE THE OBLIGATION OF THE  MANAGING  AGENT  TO  PROVIDE  ALL  SUCH
 SERVICES  AND  FACILITIES  UNTIL  SUCH  TIME  AS  THE OFFEROR SURRENDERS
 CONTROL OF THE BOARD OF MANAGERS, AT WHICH TIME THE BOARD OF MANAGERS OF
 S. 3006--B                         120
 
 THE CONDOMINIUM SHALL ASSUME RESPONSIBILITY FOR  THE  PROVISION  OF  ALL
 SERVICES AND FACILITIES REQUIRED BY LAW ON A NON-DISCRIMINATORY BASIS.
   25.  IT  SHALL  BE  UNLAWFUL FOR ANY PERSON TO ENGAGE IN ANY COURSE OF
 CONDUCT, INCLUDING, BUT NOT LIMITED TO, INTERRUPTION  OR  DISCONTINUANCE
 OF  ESSENTIAL  SERVICES, WHICH SUBSTANTIALLY INTERFERES WITH OR DISTURBS
 THE COMFORT, REPOSE, PEACE OR QUIET OF ANY TENANT IN THEIR USE OR  OCCU-
 PANCY  OF  THEIR  DWELLING  UNIT  OR THE FACILITIES RELATED THERETO. THE
 ATTORNEY GENERAL MAY APPLY TO A COURT OF COMPETENT JURISDICTION  FOR  AN
 ORDER  RESTRAINING  SUCH  CONDUCT  AND,  IF THEY DEEM IT APPROPRIATE, AN
 ORDER RESTRAINING THE OWNER FROM SELLING THE  DWELLING  UNIT  ITSELF  OR
 FROM  PROCEEDING WITH THE PRESERVATION PLAN OF CONVERSION; PROVIDED THAT
 NOTHING CONTAINED HEREIN SHALL BE DEEMED TO  PRECLUDE  THE  TENANT  FROM
 APPLYING ON THEIR OWN BEHALF FOR SIMILAR RELIEF.
   26.  ANY PROVISION OF A LEASE OR OTHER RENTAL AGREEMENT WHICH PURPORTS
 TO WAIVE A TENANT'S RIGHTS UNDER THIS SECTION OR RULES  AND  REGULATIONS
 PROMULGATED PURSUANT HERETO SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
   27.  NOTWITHSTANDING  THE  REQUIREMENTS  OF THIS SECTION REGARDING THE
 PRESERVATION OF AN INCOME-RESTRICTED RENTAL UNIT OR UNITS AS PERMANENTLY
 AFFORDABLE, AND TO THE EXTENT PERMITTED UNDER EXISTING LAW AS IT RELATES
 TO THE INCOME-RESTRICTED RENTAL UNIT  OR  UNITS,  THE  INCOME-RESTRICTED
 RENTAL  UNIT OR UNITS IN A BUILDING OR GROUP OF BUILDINGS OR DEVELOPMENT
 OF AN ELIGIBLE PROJECT MAY BE CONVERTED  TO  A  LIMITED  EQUITY  HOUSING
 COOPERATIVE  PURSUANT  TO  ARTICLE ELEVEN OF THE PRIVATE HOUSING FINANCE
 LAW UNDER A SEPARATE OFFERING STATEMENT OR PROSPECTUS, IF  THE  RELEVANT
 HOUSING  FINANCE  AGENCY ENSURES THAT THE PROPOSED OFFERING STATEMENT OR
 PROSPECTUS DISCLOSES THAT THE REGULATORY AGREEMENT PROVIDES AS FOLLOWS:
   (A) THE OFFERING PRICES ARE AFFORDABLE TO THE EXISTING TENANTS  AND/OR
 THE  QUALIFIED  LOW-INCOME PURCHASERS WHO MEET THE DEFINITION OF PERSONS
 OF LOW INCOME OR FAMILIES OF LOW INCOME AS DEFINED BY SUBDIVISION  NINE-
 TEEN OF SECTION TWO OF THE PRIVATE HOUSING FINANCE LAW;
   (B) ANY TENANT OF AN INCOME-RESTRICTED RENTAL UNIT THAT CHOOSES NOT TO
 BUY THE INCOME-RESTRICTED RENTAL UNIT SUCH TENANT OCCUPIES SHALL CONTIN-
 UE  TO  BE  PROTECTED UNDER RENT STABILIZATION THROUGHOUT THE PROCESS OF
 CONVERSION TO A LIMITED EQUITY HOUSING COOPERATIVE AND  THEREAFTER,  AND
 THAT  NO  EXISTING  TENANT  OF AN INCOME-RESTRICTED RENTAL UNIT SHALL BE
 EVICTED SOLELY DUE TO SUCH  TENANT'S  DECISION  NOT  TO  PURCHASE  THEIR
 INCOME-RESTRICTED RENTAL UNIT;
   (C)  THE  REGULATORY AGREEMENT AND CERTIFICATE OF INCORPORATION OF THE
 LIMITED EQUITY HOUSING COOPERATIVE SHALL  ENSURE  THAT  THE  INCOME-RES-
 TRICTED  RENTAL  UNITS CONVERTED TO A LIMITED EQUITY HOUSING COOPERATIVE
 SHALL BE RESERVED FOR OCCUPANCY BY PERSONS OF LOW INCOME AND FAMILIES OF
 LOW INCOME IN PERPETUITY;
   (D) THE RELEVANT HOUSING FINANCE AGENCY SHALL HAVE OVERSIGHT AUTHORITY
 OVER THE LIMITED EQUITY HOUSING COOPERATIVE IN THE REGULATORY AGREEMENT,
 CONDOMINIUM DECLARATION, CONDOMINIUM BY-LAWS AND CERTIFICATE OF INCORPO-
 RATION OF THE LIMITED EQUITY HOUSING COOPERATIVE, INCLUDING THE  ABILITY
 TO  APPOINT A NEW BOARD OF DIRECTORS OF THE LIMITED EQUITY HOUSING COOP-
 ERATIVE IN THE EVENT OF A VIOLATION OF A TERM OF, OR AN EVENT OF DEFAULT
 BY THE LIMITED EQUITY HOUSING COOPERATIVE UNDER  ANY  OF  ITS  GOVERNING
 DOCUMENTS; AND
   (E)  THAT THE OWNERSHIP OF THE DEDICATED CAPITAL ACCOUNT BY THE QUALI-
 FIED OWNER, AND THE FUNDING OF THE  DEDICATED  CAPITAL  ACCOUNT  BY  THE
 OFFEROR OF THE PRESERVATION PLAN, SHALL EACH BE SUBJECT TO THE OVERSIGHT
 AUTHORITY  OF THE RELEVANT HOUSING FINANCE AGENCY AS PROVIDED IN SECTION
 THREE HUNDRED THIRTY-NINE-MM OF THE REAL PROPERTY LAW.
 S. 3006--B                         121
 
   28. IT SHALL BE UNLAWFUL FOR AN OFFEROR, ITS DESIGNEES AND/OR  SUCCES-
 SORS  TO  HAVE  OR EXERCISE VOTING CONTROL OF THE CONDOMINIUM'S BOARD OF
 MANAGERS FOR MORE THAN NINETY DAYS FROM THE FIFTH  ANNIVERSARY  DATE  OF
 THE  FIRST  CLOSING  OF TITLE TO A DWELLING UNIT, OR WHENEVER THE UNSOLD
 DWELLING  UNITS  CONSTITUTE LESS THAN FIFTY PERCENT OF THE COMMON INTER-
 ESTS APPURTENANT TO ALL DWELLING UNITS, WHICHEVER IS SOONER.
   29. THE ATTORNEY GENERAL MAY, IN THEIR DISCRETION, WAIVE THE  REQUIRE-
 MENT IN PARAGRAPH (D) OF SUBDIVISION SIX OF THIS SECTION THAT AN OFFEROR
 SELL  AT  LEAST FIFTY-ONE PERCENT OF THE DWELLING UNITS OFFERED FOR SALE
 UNDER THE PRESERVATION PLAN WHEN THE OFFEROR PROVIDES PROOF SATISFACTORY
 TO THE ATTORNEY GENERAL THAT FIVE YEARS OF COMMERCIALLY REASONABLE  GOOD
 FAITH  EFFORTS  DID  NOT  RESULT IN THE SALE OF FIFTY-ONE PERCENT OF THE
 DWELLING UNITS. IF SUCH WAIVER IS GRANTED, THE OFFEROR SHALL BE REQUIRED
 TO DISCLOSE THE NEW DATE BY  WHICH  IT  WILL  SELL  AT  LEAST  FIFTY-ONE
 PERCENT  OF  THE  DWELLING UNITS OFFERED FOR SALE UNDER THE PRESERVATION
 PLAN IN ITS SUBSEQUENT ANNUAL UPDATE AMENDMENT. ANY WAIVER GRANTED HERE-
 UNDER SHALL NOT ALLEVIATE AN OFFEROR, ITS DESIGNEES AND/OR SUCCESSORS OF
 THE OBLIGATION SET FORTH IN SUBDIVISION TWENTY-EIGHT OF THIS SECTION.
   30. WITHIN NINETY DAYS OF THE EFFECTIVE  DATE  OF  THIS  SECTION,  THE
 ATTORNEY GENERAL SHALL SUBMIT A NOTICE OF PROPOSED RULEMAKING FOR PUBLI-
 CATION  IN  THE  STATE  REGISTER  WHICH SHALL CONTAIN THE SUITABLE RULES
 NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.  THE AUTHORITY OF
 THE ATTORNEY GENERAL TO  PROMULGATE,  ADOPT,  PUBLISH,  NOTIFY,  REVIEW,
 AMEND,  MODIFY,  RECONSIDER, OR RESCIND ANY RULE OR REGULATION AS MAY BE
 CONFERRED ANYWHERE WITHIN THIS  SECTION  SHALL  COMPLY  WITH  THE  STATE
 ADMINISTRATIVE PROCEDURE ACT IN ALL RESPECTS.
   31. FOR ANY OFFERING STATEMENT OR PROSPECTUS (INCLUDING, WITHOUT LIMI-
 TATION,  A PRESERVATION PLAN AND ANY AMENDED FILINGS THERETO), SUBMITTED
 TO THE DEPARTMENT OF LAW PURSUANT TO THIS SECTION, THE FILING  FEES  SET
 FORTH  IN  PARAGRAPH  (A)  OF SUBDIVISION SEVEN OF SECTION THREE HUNDRED
 FIFTY-TWO-E OF THIS ARTICLE SHALL NOT APPLY. INSTEAD, AN  OFFEROR  SHALL
 TENDER THE FOLLOWING FILING FEE WITH AND FOR ITS SUBMISSION:
   (A)  SEVEN  HUNDRED  FIFTY DOLLARS FOR EVERY OFFERING NOT IN EXCESS OF
 TWO HUNDRED FIFTY THOUSAND DOLLARS;
   (B) FOR EVERY  OFFERING  IN  EXCESS  OF  TWO  HUNDRED  FIFTY  THOUSAND
 DOLLARS,  FOUR-TENTHS OF ONE PERCENT OF THE TOTAL AMOUNT OF THE OFFERING
 BUT NOT IN EXCESS OF SIXTY THOUSAND DOLLARS, OF WHICH ONE-HALF  OF  SAID
 AMOUNT  SHALL  BE A NONREFUNDABLE DEPOSIT PAID AT THE TIME OF SUBMITTING
 THE PRESERVATION PLAN TO THE  DEPARTMENT  OF  LAW  FOR  REVIEW  AND  THE
 BALANCE  PAYABLE  UPON  THE  ATTORNEY  GENERAL'S ISSUANCE OF A LETTER OF
 ACCEPTANCE OF THE PRESERVATION PLAN FOR FILING;
   (C) TWO HUNDRED TWENTY-FIVE DOLLARS FOR EACH PRICE CHANGE AMENDMENT TO
 A PRESERVATION PLAN;
   (D) SEVEN HUNDRED FIFTY DOLLARS FOR ANY OTHER AMENDMENT TO A PRESERVA-
 TION PLAN; AND
   (E) SEVEN HUNDRED FIFTY DOLLARS FOR  EACH  SUCH  APPLICATION,  AND  AN
 ADDITIONAL  SEVEN  HUNDRED  FIFTY  DOLLARS  FOR EACH AND EVERY AMENDMENT
 SUBMITTED IN FURTHERANCE OF SUCH AN APPLICATION TO PERMIT AN OFFEROR  TO
 SOLICIT  PUBLIC  INTEREST  PRIOR TO THE FILING OF A PRESERVATION PLAN TO
 THE DEPARTMENT OF LAW.
   § 2. Section 339-e of the real property law is amended by adding  nine
 new  subdivisions 1-a, 6-a, 7-a, 8-a, 10-a, 11-a, 12-a, 12-b and 13-a to
 read as follows:
   1-A. "CAPITAL REPLACEMENT" MEANS  A  BUILDING-WIDE  REPLACEMENT  OF  A
 MAJOR COMPONENT OF ANY OF THE FOLLOWING SYSTEMS:
   (A) ELEVATOR;
 S. 3006--B                         122
 
   (B) HEATING, VENTILATION AND AIR CONDITIONING;
   (C) ENVIRONMENTAL AND SUSTAINABILITY UPGRADES;
   (D) PLUMBING;
   (E) WIRING;
   (F) WINDOW; OR
   (G) A MAJOR STRUCTURAL REPLACEMENT TO THE BUILDING; PROVIDED, HOWEVER,
 THAT  MAJOR  STRUCTURAL  REPLACEMENTS  MADE  TO  CURE CODE VIOLATIONS OF
 RECORD SHALL NOT BE INCLUDED.
   6-A. "CONSUMMATION OF THE PRESERVATION PLAN" MEANS, IN THE CONTEXT  OF
 A PRESERVATION PLAN FOR THE CONVERSION OF RESIDENTIAL RENTAL PROPERTY TO
 CONDOMINIUM  OWNERSHIP  THAT HAS BEEN ACCEPTED FOR FILING BY THE DEPART-
 MENT OF LAW PURSUANT TO SECTION THREE  HUNDRED  FIFTY-TWO-EEEEE  OF  THE
 GENERAL  BUSINESS  LAW  AND  SUBSEQUENTLY  AMENDED TO DISCLOSE THAT SAID
 PRESERVATION PLAN HAS BEEN DECLARED EFFECTIVE, (I) THE RECORDING OF  THE
 DECLARATION  FOR  THE  CONDOMINIUM  AND  (II)  THE CLOSING OF TITLE TO A
 DWELLING UNIT WITH A PURCHASER UNDER THE PRESERVATION PLAN.
   7-A. "INCOME-RESTRICTED RENTAL UNIT", AS USED IN SECTION THREE HUNDRED
 THIRTY-NINE-MM OF THIS ARTICLE, MEANS A UNIT THAT ALSO MEETS  THE  DEFI-
 NITION  OF  "INCOME-RESTRICTED  RENTAL  UNIT" SET FORTH IN SECTION THREE
 HUNDRED FIFTY-TWO-EEEEE OF THE GENERAL BUSINESS LAW.
   8-A. "OFFEROR", AS USED IN SECTION  THREE  HUNDRED  THIRTY-NINE-MM  OF
 THIS  ARTICLE, MEANS THE OFFEROR OF A PRESERVATION PLAN TO CONVERT RESI-
 DENTIAL RENTAL PROPERTY TO CONDOMINIUM  OWNERSHIP  PURSUANT  TO  SECTION
 THREE HUNDRED FIFTY-TWO-EEEEE OF THE GENERAL BUSINESS LAW, TOGETHER WITH
 THEIR OR ITS NOMINEES, ASSIGNEES AND SUCCESSORS IN INTEREST.
   10-A.  "PRESERVATION  PLAN",  AS USED IN SECTION THREE HUNDRED THIRTY-
 NINE-MM OF THIS ARTICLE,  MEANS  AN  OFFERING  STATEMENT  OR  PROSPECTUS
 SUBMITTED  TO  THE  DEPARTMENT  OF LAW PURSUANT TO SECTION THREE HUNDRED
 FIFTY-TWO-EEEEE OF THE GENERAL BUSINESS LAW  FOR  THE  CONVERSION  OF  A
 BUILDING  OR  GROUP  OF  BUILDINGS  OR DEVELOPMENT FROM RENTAL STATUS TO
 CONDOMINIUM OWNERSHIP, WHEREIN THE OFFEROR DOCUMENTS THAT IT HAS  AGREED
 TO AN EXTENDED AFFORDABILITY TERM FOR THE INCOME-RESTRICTED RENTAL UNITS
 WITH A RELEVANT HOUSING FINANCE AGENCY.
   11-A.  "PURCHASER  UNDER  THE PRESERVATION PLAN", WHEN USED IN SECTION
 THREE HUNDRED THIRTY-NINE-MM OF THIS ARTICLE, MEANS  A  PURCHASER  UNDER
 THE  PRESERVATION  PLAN SHALL REFER TO A PERSON WHO PURCHASES A DWELLING
 UNIT FROM THE OFFEROR PURSUANT TO THE TERMS OF A PRESERVATION PLAN  THAT
 HAS BEEN ACCEPTED FOR FILING BY THE ATTORNEY GENERAL. A PERSON OR ENTITY
 THAT  ACQUIRES  DWELLING  UNITS  AND  ASSUMES CERTAIN OBLIGATIONS OF THE
 OFFEROR SHALL NOT BE CONSIDERED A PURCHASER UNDER THE PRESERVATION PLAN.
   12-A. "QUALIFIED OWNER", AS USED IN SECTION THREE HUNDRED THIRTY-NINE-
 MM OF THIS ARTICLE, SHALL REFER TO A UNIT  OWNER  THAT  ALSO  MEETS  THE
 DEFINITION  OF  "QUALIFIED  OWNER" AS SET FORTH IN SECTION THREE HUNDRED
 FIFTY-TWO-EEEEE OF THE GENERAL BUSINESS LAW.
   12-B. "RELEVANT HOUSING FINANCE AGENCY",  AS  USED  IN  SECTION  THREE
 HUNDRED  THIRTY-NINE-MM  OF THIS ARTICLE, SHALL HAVE THE SAME MEANING AS
 SET FORTH IN SECTION THREE HUNDRED FIFTY-TWO-EEEEE OF THE GENERAL  BUSI-
 NESS LAW.
   13-A. "TOTAL PRICE", WHEN USED IN SECTION THREE HUNDRED THIRTY-NINE-MM
 OF THIS ARTICLE, MEANS THE SUM OF THE COST OF ALL UNITS IN THE OFFERING,
 BUT  EXCLUDING  ANY INCOME-RESTRICTED RENTAL UNITS OWNED OR TO BE TRANS-
 FERRED TO A QUALIFIED OWNER, AT THE LAST  PRICE  WHICH  WAS  OFFERED  TO
 TENANTS  IN  OCCUPANCY  PRIOR  TO THE EFFECTIVE DATE OF THE PRESERVATION
 PLAN REGARDLESS OF THE NUMBER OF SALES MADE.
   § 3. The real property law is amended by adding a new  section  339-mm
 to read as follows:
 S. 3006--B                         123
 
   § 339-MM. ESTABLISHMENT OF RESERVE FUND AND DEDICATED CAPITAL FUND FOR
 BUILDINGS  CONVERTING  TO  CONDOMINIUM  OWNERSHIP  UNDER  SECTION  THREE
 HUNDRED FIFTY-TWO-EEEEE OF THE GENERAL BUSINESS LAW.   1. WITHIN  THIRTY
 DAYS  AFTER THE CONSUMMATION OF A PRESERVATION PLAN, THE OFFEROR THEREOF
 (AND/OR  ITS DESIGNEE OR DESIGNEES AND/OR SUCCESSOR OR SUCCESSORS) SHALL
 ESTABLISH AND TRANSFER:
   (A) TO THE CONDOMINIUM BOARD OF MANAGERS A RESERVE  FUND  TO  BE  USED
 EXCLUSIVELY  FOR  MAKING  CAPITAL REPAIRS, REPLACEMENTS AND IMPROVEMENTS
 NECESSARY FOR THE HEALTH AND SAFETY OF THE  RESIDENTS  (INCLUDING  RESI-
 DENTS  OF  THE INCOME-RESTRICTED RENTAL UNITS) OF SUCH BUILDING OR GROUP
 OF BUILDINGS OR DEVELOPMENT.  SUCH RESERVE FUND SHALL  BE  EXCLUSIVE  OF
 ANY  OTHER  FUNDS REQUIRED TO BE RESERVED UNDER THE PRESERVATION PLAN OR
 APPLICABLE LAW OR REGULATION OF THE ATTORNEY GENERAL, EXCEPT A FUND  FOR
 CAPITAL  REPAIRS, REPLACEMENTS AND IMPROVEMENTS SUBSTANTIALLY SIMILAR IN
 PURPOSE TO AND IN AN AMOUNT NOT LESS THAN THE RESERVE FUND  MANDATED  BY
 THIS  SECTION.  SUCH RESERVE FUND SHALL ALSO BE EXCLUSIVE OF ANY WORKING
 CAPITAL FUND OR DEDICATED CAPITAL FUND  AND  SHALL  NOT  BE  SUBJECT  TO
 REDUCTION FOR CLOSING APPORTIONMENTS.
   (B)  TO THE QUALIFIED OWNER OF THE INCOME-RESTRICTED RENTAL UNITS, AND
 SUBJECT TO THE OVERSIGHT OF THE  RELEVANT  HOUSING  FINANCE  AGENCY  SET
 FORTH  IN  A  REGULATORY  AGREEMENT, A DEDICATED CAPITAL FUND TO BE USED
 EXCLUSIVELY FOR  MAKING  UNIT  REPAIRS,  REPLACEMENTS  AND  IMPROVEMENTS
 NECESSARY  FOR  THE HEALTH AND SAFETY OF THE RESIDENTS OF AN INCOME-RES-
 TRICTED RENTAL UNIT OR UNITS OF SUCH BUILDING OR GROUP OF  BUILDINGS  OR
 DEVELOPMENT.  SUCH DEDICATED CAPITAL FUND SHALL BE EXCLUSIVE AND SUPPLE-
 MENTAL OF ANY OTHER FUNDS REQUIRED TO BE RESERVED UNDER THE PRESERVATION
 PLAN OR APPLICABLE LAW OR REGULATION. SUCH DEDICATED CAPITAL FUND  SHALL
 ALSO  BE EXCLUSIVE AND SUPPLEMENTAL OF ANY RESERVE FUND OR WORKING CAPI-
 TAL FUND AND SHALL NOT BE SUBJECT TO REDUCTION  FOR  CLOSING  APPORTION-
 MENTS.  THE  DEDICATED CAPITAL FUND SHALL NOT BE USED TOWARDS ANY BUILD-
 ING-WIDE CAPITAL REPLACEMENT, AND INSTEAD SHALL BE USED SOLELY FOR  UNIT
 REPAIRS,  REPLACEMENTS  AND IMPROVEMENTS OF THE INCOME-RESTRICTED RENTAL
 UNITS.
   2. (A) SUCH RESERVE FUND SHALL BE ESTABLISHED IN AN  AMOUNT  EQUAL  TO
 EITHER  (I)  THREE PERCENT OF THE TOTAL PRICE OR, (II) (A) THREE PERCENT
 OF THE ACTUAL SALES PRICE OF ALL CONDOMINIUM UNITS SOLD BY  THE  OFFEROR
 AT  THE  TIME  THE  PRESERVATION  PLAN  IS DECLARED EFFECTIVE, PROVIDED,
 HOWEVER, THAT IF SUCH AMOUNT IS LESS  THAN  ONE  PERCENT  OF  THE  TOTAL
 PRICE, THEN THE FUND SHALL BE ESTABLISHED AS A MINIMUM OF ONE PERCENT OF
 THE  TOTAL  PRICE; PLUS (B) SUPPLEMENTAL CONTRIBUTIONS TO BE MADE BY THE
 OFFEROR AT A RATE OF THREE PERCENT OF THE ACTUAL SALES PRICE  OF  CONDO-
 MINIUM  UNITS  FOR  EACH  UNIT HELD BY THE OFFEROR AND SOLD TO BONA FIDE
 PURCHASERS SUBSEQUENT TO THE EFFECTIVE DATE OF THE PRESERVATION PLAN AND
 WITHIN FIVE YEARS OF THE CONSUMMATION OF THE PRESERVATION PLAN, NOTWITH-
 STANDING THAT THE TOTAL AMOUNT CONTRIBUTED MAY EXCEED THREE  PERCENT  OF
 THE  TOTAL  PRICE; AND PROVIDED, FURTHER, THAT IF FIVE YEARS FROM THIRTY
 DAYS AFTER THE CONSUMMATION OF THE PRESERVATION PLAN THE TOTAL  CONTRIB-
 UTIONS  BY  THE  OFFEROR  TO THE FUND ARE LESS THAN THREE PERCENT OF THE
 TOTAL PRICE THE OFFEROR SHALL PAY  THE  DIFFERENCE  BETWEEN  THE  AMOUNT
 CONTRIBUTED AND THREE PERCENT OF THE TOTAL PRICE.  SUPPLEMENTAL CONTRIB-
 UTIONS SHALL BE MADE WITHIN THIRTY DAYS OF EACH SALE.
   (B)  SUCH  DEDICATED  CAPITAL  FUND  SHALL BE ESTABLISHED IN AN AMOUNT
 EQUAL TO ONE-HALF OF ONE PERCENT OF THE TOTAL PRICE, AND SHALL BE TRANS-
 FERRED IN FULL WITHIN THIRTY DAYS OF THE DATE  OF  CONSUMMATION  OF  THE
 PRESERVATION  PLAN  INTO AN ACCOUNT AT A FINANCIAL INSTITUTION REGULATED
 BY THE DEPARTMENT OF FINANCIAL SERVICES OF THE STATE OF  NEW  YORK  THAT
 S. 3006--B                         124
 
 SHALL  HAVE  BEEN  OPENED  BY,  AND SHALL AT ALL TIMES BE SUBJECT TO THE
 OVERSIGHT AUTHORITY OF THE RELEVANT HOUSING FINANCE AGENCY OF THE QUALI-
 FIED OWNER OF THE INCOME-RESTRICTED RENTAL UNIT OR UNITS.
   3.  THE  CONTRIBUTIONS  REQUIRED  PURSUANT TO THIS SECTION MAY BE MADE
 EARLIER OR IN AN AMOUNT GREATER THAN SO PROVIDED. AN OFFEROR  MAY  CLAIM
 AND  RECEIVE  CREDIT  AGAINST  THE MANDATORY INITIAL CONTRIBUTION TO THE
 RESERVE FUND FOR THE ACTUAL COST  OF  CAPITAL  REPLACEMENTS  WHICH  SUCH
 OFFEROR HAS BEGUN AFTER THE PRESERVATION PLAN IS SUBMITTED FOR FILING TO
 THE  DEPARTMENT  OF  LAW  AND  BEFORE  THE PRESERVATION PLAN IS DECLARED
 EFFECTIVE; PROVIDED, HOWEVER, THAT ANY SUCH REPLACEMENTS  SHALL  BE  SET
 FORTH  IN  THE PRESERVATION PLAN TOGETHER WITH THEIR ACTUAL OR ESTIMATED
 COSTS AND FURTHER PROVIDED, THAT SUCH CREDIT SHALL NOT EXCEED THE LESSER
 OF THE ACTUAL COST OF THE CAPITAL REPLACEMENTS OR ONE AND A HALF PERCENT
 OF THE TOTAL PRICE.
   4. ANY BUILDING, CONSTRUCTION OF  WHICH  WAS  COMPLETED  WITHIN  THREE
 YEARS  PRIOR  TO  THE  CONSUMMATION  OF  THE PRESERVATION PLAN, SHALL BE
 EXEMPT FROM THE RESERVE FUND REQUIREMENTS OF THIS SECTION  BUT  NOT  THE
 DEDICATED CAPITAL FUND REQUIREMENTS OF THIS SECTION.
   5.  THE CONDOMINIUM BOARD OF MANAGERS SHALL REPORT TO UNIT OWNERS ON A
 SEMI-ANNUAL BASIS WITH RESPECT TO ALL DEPOSITS INTO AND WITHDRAWALS FROM
 THE RESERVE FUND MANDATED BY PARAGRAPH (A) OF SUBDIVISION  TWO  OF  THIS
 SECTION.
   6. THE OFFEROR, NOT LATER THAN THE THIRTIETH DAY FOLLOWING THE ACCEPT-
 ANCE OF A PRESERVATION PLAN FOR FILING BY THE DEPARTMENT OF LAW PURSUANT
 TO SECTION THREE HUNDRED FIFTY-TWO-EEEEE OF THE GENERAL BUSINESS LAW AND
 UNTIL THE CONSUMMATION OF THE PRESERVATION PLAN, SHALL POST AND MAINTAIN
 IN A PROMINENT PLACE, ACCESSIBLE TO ALL TENANTS IN EACH BUILDING COVERED
 BY  THE PRESERVATION PLAN, A LISTING OF ALL VIOLATIONS OF RECORD AGAINST
 SUCH BUILDINGS AS DETERMINED BY THE DEPARTMENT OF BUILDINGS OF THE  CITY
 OF  NEW  YORK AND THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT
 OF THE CITY OF NEW YORK. ALL NEWLY ISSUED  VIOLATIONS  SHALL  BE  POSTED
 WITHIN  FORTY-EIGHT  HOURS OF THEIR ISSUANCE AND MAINTAINED AS DESCRIBED
 IN THIS SUBDIVISION. THE OFFEROR MAY SATISFY THE  REQUIREMENTS  OF  THIS
 SECTION  BY  DESIGNATING AN AGENT ON THE PREMISES WITH WHOM SUCH LISTING
 SHALL BE MADE AVAILABLE FOR INSPECTION BY THE TENANTS.
   7. ANY PROVISION PURPORTING TO WAIVE THE PROVISIONS OF THIS SECTION IN
 ANY CONTRACT TO PURCHASE, ANY AGREEMENT BETWEEN AN OFFEROR  AND  A  UNIT
 PURCHASER, ANY AGREEMENT BETWEEN AN OFFEROR AND THE CONDOMINIUM BOARD OF
 MANAGERS  CREATED  UNDER  A  PRESERVATION PLAN, ANY AGREEMENT BETWEEN AN
 OFFEROR AND THE OWNER OF THE  INCOME-RESTRICTED  RENTAL  UNIT  OR  UNITS
 SHALL BE VOID AS AGAINST PUBLIC POLICY.
   8.  (A) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVI-
 SION, ANY PERSON WHO KNOWINGLY VIOLATES OR ASSISTS IN THE  VIOLATION  OF
 ANY PROVISION OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF ONE
 HUNDRED  DOLLARS PER DAY PER UNIT FOR EACH DAY THAT A BUILDING IS NOT IN
 COMPLIANCE WITH THE PROVISIONS OF SUCH SECTION; PROVIDED, HOWEVER,  THAT
 SUCH CIVIL PENALTY SHALL NOT EXCEED ONE THOUSAND DOLLARS PER UNIT.
   (B) ANY PERSON WHO VIOLATES OR ASSISTS IN THE VIOLATION OF SUBDIVISION
 TWO  OF  THIS  SECTION  SHALL  ALSO BE SUBJECT TO A CIVIL PENALTY OF ONE
 THOUSAND DOLLARS PER DAY FOR EACH DAY THAT THE RESERVE FUND REQUIRED  BY
 SUBDIVISION  TWO  OF THIS SECTION IS NOT ESTABLISHED; PROVIDED, HOWEVER,
 THAT SUCH CIVIL PENALTY SHALL NOT  EXCEED  THE  AMOUNT  REQUIRED  TO  BE
 RESERVED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   (C) ANY OTHER ACTION OR PROCEEDING IN ANY COURT OF COMPETENT JURISDIC-
 TION  THAT  MAY  BE  APPROPRIATE OR NECESSARY FOR THE ENFORCEMENT OF THE
 PROVISIONS OF THIS SECTION MAY BE BROUGHT IN THE NAME OF THE  PEOPLE  OF
 S. 3006--B                         125
 
 THE  STATE  OF  NEW  YORK  BY THE ATTORNEY GENERAL, INCLUDING ACTIONS TO
 SECURE PERMANENT INJUNCTIONS  ENJOINING  ANY  ACTS  OR  PRACTICES  WHICH
 CONSTITUTE  A  VIOLATION  OF  ANY  PROVISION  OF THIS SECTION, MANDATING
 COMPLIANCE  WITH THE PROVISIONS OF THIS SECTION OR FOR SUCH OTHER RELIEF
 AS MAY BE APPROPRIATE. IN ANY SUCH ACTION OR  PROCEEDING,  THE  ATTORNEY
 GENERAL  MAY APPLY TO ANY COURT OF COMPETENT JURISDICTION, OR TO A JUDGE
 OR JUSTICE THEREOF, FOR A TEMPORARY  RESTRAINING  ORDER  OR  PRELIMINARY
 INJUNCTION  ENJOINING  AND  RESTRAINING  ALL  PERSONS FROM VIOLATING ANY
 PROVISION OF THIS SECTION, MANDATING COMPLIANCE WITH THE  PROVISIONS  OF
 THIS  SECTION, OR FOR SUCH OTHER RELIEF AS MAY BE APPROPRIATE, UNTIL THE
 HEARING AND DETERMINATION OF SUCH ACTION OR PROCEEDING AND THE ENTRY  OF
 FINAL JUDGMENT OR ORDER THEREIN. THE COURT, OR JUDGE OR JUSTICE THEREOF,
 TO  WHOM  SUCH  APPLICATION IS MADE, IS HEREBY AUTHORIZED TO MAKE ANY OR
 ALL OF THE ORDERS SPECIFIED IN THIS PARAGRAPH, AS  MAY  BE  REQUIRED  IN
 SUCH  APPLICATION,  WITH  OR  WITHOUT  NOTICE, AND TO MAKE SUCH OTHER OR
 FURTHER ORDERS OR DIRECTIONS AS MAY BE  NECESSARY  TO  RENDER  THE  SAME
 EFFECTUAL. NO UNDERTAKING SHALL BE REQUIRED AS A CONDITION OF THE GRANT-
 ING OR ISSUING OF SUCH ORDER, OR BY REASON THEREOF.
   (D)  NOTHING  CONTAINED IN THIS SECTION SHALL IMPAIR ANY RIGHTS, REME-
 DIES OR CAUSES OF ACTION ACCRUED OR ACCRUING TO PURCHASERS OF  CONDOMIN-
 IUM  UNITS  WITH  REGARD  TO THE FUNDING OF THE RESERVE FUND AND CAPITAL
 FUND UNDER THIS SECTION.
   (E) THE ATTORNEY GENERAL IS EMPOWERED TO  ENFORCE  THE  PROVISIONS  OF
 THIS SECTION.
   §  4.  Subdivision 2, subparagraph (i) of paragraph (a) of subdivision
 2-a, and paragraphs (a) and (c) of subdivision 7 of section 352-e of the
 general business law, subdivision 2 as amended by chapter  1042  of  the
 laws  of  1981,  subparagraph (i) of paragraph (a) of subdivision 2-a as
 added by chapter 771 of the laws of 1983, paragraph (a) of subdivision 7
 as amended by section 1 of part BBB-1 of chapter 57 of the laws of 2008,
 and paragraph (c) of subdivision 7 as amended by chapter 637 of the laws
 of 1989, are amended to read as follows:
   2. Unless otherwise provided by  regulation  issued  by  the  attorney
 general,  the offering statement or statements or prospectus required in
 subdivision one of this section shall be filed with  the  department  of
 law  at its office in the city of New York, prior to the public offering
 of the security involved. No offer, advertisement or sale of such  secu-
 rities shall be made in or from the state of New York until the attorney
 general  has  issued  to  the issuer or other [offerer] OFFEROR a letter
 stating that the offering has been  filed.  The  attorney  general,  not
 later  than thirty days after the submission of such filing, shall issue
 such a letter or, in the alternative, a notification in writing indicat-
 ing deficiencies in the offering statement,  statements  or  prospectus;
 provided,  however, that in the case of a building or group of buildings
 to be converted to cooperative or condominium ownership which  is  occu-
 pied  in  whole or in part for residential purposes AND WHICH IS NOT THE
 SUBJECT OF A PRESERVATION  PLAN  SUBMITTED  PURSUANT  TO  SECTION  THREE
 HUNDRED  FIFTY-TWO-EEEEE  OF  THIS  ARTICLE, such letter or notification
 shall be issued in not sooner than four months and not  later  than  six
 months  from the date of submission of such filing. The attorney general
 may also refuse to issue a letter stating that the offering statement or
 statements or prospectus has been filed whenever  it  appears  that  the
 offering  statement  or  statements  or  prospectus does not clearly set
 forth the specific property or properties to be purchased, leased, mort-
 gaged, or otherwise to be acquired, financed or the subject of  specific
 investment with a substantial portion of the offering proceeds.
 S. 3006--B                         126
 
   (i)  "Plan".  Every  offering statement or prospectus submitted to the
 department of law for the conversion of a building or group of buildings
 or development from residential rental status to cooperative  or  condo-
 minium ownership, other than a plan governed by the provisions of either
 section  three  hundred fifty-two-eee [or], three hundred fifty-two-eeee
 OR SECTION THREE HUNDRED FIFTY-TWO-EEEEE of this [chapter] ARTICLE, or a
 plan for such conversion pursuant to article two, eight or eleven of the
 private housing finance law.
   (a) The department of law shall collect the  following  fees  for  the
 filing of each offering statement or prospectus as described in subdivi-
 sion one of this section: seven hundred fifty dollars for every offering
 not  in excess of two hundred fifty thousand dollars; for every offering
 in excess of two hundred fifty  thousand  dollars,  four-tenths  of  one
 percent  of the total amount of the offering but not in excess of [thir-
 ty] FIFTY thousand dollars of which one-half of said amount shall  be  a
 nonrefundable deposit paid at the time of submitting the offering state-
 ment  to  the  department of law for review and the balance payable upon
 the issuance of a letter of acceptance for filing said  offering  state-
 ment.  The  department  of  law shall, in addition, collect a fee of two
 hundred twenty-five dollars for each PRICE CHANGE AMENDMENT TO AN OFFER-
 ING STATEMENT AND SEVEN HUNDRED FIFTY DOLLARS FOR ANY OTHER amendment to
 an offering statement. For each application granted by the department of
 law, which permits the applicant to solicit public  interest  or  public
 funds  preliminary  to  the  filing  of an offering statement or for the
 issuance of a "no-filing required" letter AND ANY AMENDMENT THERETO, the
 department of law shall collect a fee of [two]  SEVEN  hundred  [twenty-
 five]  FIFTY  dollars.  [In  the  event  the sponsor thereafter files an
 offering statement, the fee paid for the preliminary  application  shall
 be  credited  against the balance of the fee due and payable on filing.]
 For each application granted pursuant to section  three  hundred  fifty-
 two-g  of  this  article,  the  department of law shall collect a fee of
 two-tenths of one percent of the amount of the offering  of  securities;
 however,  the  minimum fee shall be seven hundred fifty dollars, and the
 maximum fee shall be [thirty] FIFTY thousand dollars. All  revenue  from
 that  portion  of  any  fee  imposed  pursuant  to this paragraph, which
 exceeds twenty  thousand  dollars  FOR  OFFERING  STATEMENTS,  AND  FIVE
 HUNDRED  TWENTY-FIVE DOLLARS FOR ALL OTHER FILINGS, shall be paid by the
 department of law to the state comptroller to be deposited in and  cred-
 ited  to  the  real  estate finance bureau fund, established pursuant to
 section eighty of the state finance law.
   (c) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
 sion, the department of law shall not collect any fees for the filing of
 an  offering  statement  or prospectus or any amended filings thereto as
 described in subdivision one of this section whenever: (I) a  conversion
 of  a  mobile  home  park, building or group of buildings or development
 from residential rental status to cooperative or  condominium  ownership
 is  being  made pursuant to article ELEVEN, eighteen, nineteen or twenty
 of the private housing finance law; OR (II) THE  OFFERING  STATEMENT  OR
 PROSPECTUS  OR  AMENDMENT  THERETO IS SUBMITTED TO THE DEPARTMENT OF LAW
 PURSUANT TO SECTION THREE HUNDRED FIFTY-TWO-EEEEE OF THIS ARTICLE.   FOR
 SUBMISSIONS  MADE  PURSUANT  TO SECTION THREE HUNDRED FIFTY-TWO-EEEEE OF
 THIS ARTICLE, THE DEPARTMENT OF LAW SHALL INSTEAD COLLECT THE  FEES  SET
 FORTH  IN  SUBDIVISION THIRTY-ONE OF SUCH SECTION. ALL REVENUE FROM THAT
 PORTION OF ANY FEE IMPOSED PURSUANT TO SUBDIVISION THIRTY-ONE OF SECTION
 THREE HUNDRED FIFTY-TWO-EEEEE OF THIS  ARTICLE  SHALL  BE  PAID  BY  THE
 DEPARTMENT  OF LAW TO THE STATE COMPTROLLER TO BE DEPOSITED IN AND CRED-
 S. 3006--B                         127
 
 ITED TO THE REAL ESTATE FINANCE BUREAU  FUND,  ESTABLISHED  PURSUANT  TO
 SECTION EIGHTY OF THE STATE FINANCE LAW.
   § 5. Paragraph (a) of subdivision 1 of section 352-eeee of the general
 business  law,  as  amended  by section 1 of part N of chapter 36 of the
 laws of 2019, is amended to read as follows:
   (a) "Plan". Every offering statement or prospectus  submitted  to  the
 department  of law pursuant to section three hundred fifty-two-e of this
 article for the conversion of a building or group of buildings or devel-
 opment from residential rental  status  to  cooperative  or  condominium
 ownership or other form of cooperative interest in realty, other than an
 offering statement or prospectus for such conversion pursuant to SECTION
 THREE  HUNDRED  FIFTY-TWO-EEEEE OF THIS ARTICLE OR article two, eight or
 eleven of the private housing finance law.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall expire and  be  deemed  repealed  4
 years after such date.
 
                                  PART VV
 
   Section  1.  The  veterans'  services  law  is amended by adding a new
 section 29-e to read as follows:
   § 29-E. VETERAN-OWNED BUSINESS DIRECTORY. 1. AS USED IN  THIS  SECTION
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "BUSINESS  OWNED AND CONTROLLED BY VETERANS" MEANS A BUSINESS (I)
 NOT LESS THAN FIFTY-ONE PERCENT OF WHICH IS OWNED BY ONE OR MORE  VETER-
 ANS,  OR,  IN  THE  CASE  OF  ANY PUBLICLY OWNED BUSINESS, NOT LESS THAN
 FIFTY-ONE PERCENT OF THE STOCK OF WHICH IS OWNED BY ONE OR  MORE  VETER-
 ANS;  (II)  THE  MANAGEMENT  AND  DAILY BUSINESS OPERATIONS OF WHICH ARE
 CONTROLLED BY ONE OR MORE VETERANS; AND (III) AUTHORIZED TO DO  BUSINESS
 IN THE STATE AND WHICH IS INDEPENDENTLY OWNED AND OPERATED.
   (B)  "VETERAN" MEANS A PERSON, AS DEFINED IN SECTION ONE OF THIS ARTI-
 CLE, WHO SERVED ON ACTIVE DUTY AND HAS BEEN DISCHARGED OR RELEASED THER-
 EFROM UNDER CONDITIONS OTHER THAN  DISHONORABLE,  OR  HAS  A  QUALIFYING
 CONDITION  AS  DEFINED IN SECTION ONE OF THIS ARTICLE AND HAS RECEIVED A
 DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE,  OR  IS  A  DISCHARGED
 LGBT  VETERAN AS DEFINED IN SECTION ONE OF THIS ARTICLE AND HAS RECEIVED
 A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE;
   (C) "SERVICE-DISABLED VETERAN" SHALL HAVE THE SAME MEANING AS  DEFINED
 IN SECTION FORTY OF THIS CHAPTER;
   (D)  "CERTIFIED  SERVICE-DISABLED  VETERAN-OWNED  BUSINESS ENTERPRISE"
 SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION FORTY OF THIS CHAPTER;
 AND
   (E) "VETERAN-OWNED BUSINESS ENTERPRISES" SHALL MEAN  BUSINESSES  OWNED
 AND  CONTROLLED BY VETERANS, AND SERVICE-DISABLED VETERAN-OWNED BUSINESS
 ENTERPRISES.
   2. THE DEPARTMENT, WITH THE AID AND  ASSISTANCE  OF  THE  DIVISION  OF
 SMALL  BUSINESS,  THE DEPARTMENT OF LABOR, THE DIVISION OF SERVICE-DISA-
 BLED VETERANS' BUSINESS DEVELOPMENT, AND THE OFFICE OF GENERAL SERVICES,
 SHALL DEVELOP, REGULARLY UPDATE, AND MAKE AVAILABLE  TO  STATE  AGENCIES
 AND  THE  PUBLIC A DIRECTORY OF VETERAN-OWNED BUSINESS ENTERPRISES WHICH
 SHALL, WHEREVER  PRACTICABLE,  BE  DIVIDED  INTO  CATEGORIES  OF  LABOR,
 SERVICES,  SUPPLIES,  EQUIPMENT,  MATERIALS  AND RECOGNIZED CONSTRUCTION
 TRADES AND WHICH SHALL INDICATE AREAS OR LOCATIONS OF  THE  STATE  WHERE
 SUCH  ENTERPRISES  ARE  AVAILABLE  TO PERFORM SERVICES.   SUCH DIRECTORY
 SHALL USE AN ASTERISK OR OTHER SPECIAL MARK TO DENOTE ANY  VETERAN-OWNED
 BUSINESS  ENTERPRISES  WHICH ARE SERVICE-DISABLED VETERAN-OWNED BUSINESS
 S. 3006--B                         128
 
 ENTERPRISES.   SUCH  DIRECTORY  SHALL  BE  POSTED  ON  THE  DEPARTMENT'S
 WEBSITE.
   3.  THE  OFFICE OF GENERAL SERVICES SHALL ALSO USE THIS INFORMATION TO
 CREATE AND REGULARLY UPDATE AN INTERNET  BASED,  SEARCHABLE  CENTRALIZED
 STATE  DATABASE  TO  PROMOTE  VETERAN-OWNED  BUSINESS ENTERPRISES TO THE
 PUBLIC AND SHALL POST SUCH DATABASE ON THE OFFICE OF  GENERAL  SERVICES'
 WEBSITE.
   4.  THE  DEPARTMENT  WITH THE OFFICE OF GENERAL SERVICES SHALL CONDUCT
 OUTREACH TO NOTIFY VETERAN-OWNED BUSINESS ENTERPRISES OF SUCH  DIRECTORY
 AND DATABASE.
   5. THE DEPARTMENT SHALL DEVELOP A REGISTRATION PROCESS WITH THE OFFICE
 OF  GENERAL  SERVICES FOR VETERAN-OWNED BUSINESS ENTERPRISES TO COMPLETE
 IN ORDER TO COMPILE INFORMATION FOR INCLUSION IN THE DIRECTORY AND DATA-
 BASE.  THE DEPARTMENT SHALL BE RESPONSIBLE FOR VERIFYING  BUSINESSES  AS
 BEING  A  BUSINESS  OWNED  AND CONTROLLED BY VETERANS AS DEFINED IN THIS
 SECTION INCLUDING THE DEVELOPMENT OF RULES AND REGULATIONS GOVERNING THE
 APPROVAL, DENIAL, OR REVOCATION OF A BUSINESS'S  STATUS  AS  A  BUSINESS
 OWNED AND CONTROLLED BY VETERANS.
   §  2.  Subdivision  7  of  section  4 of the veterans' services law is
 amended to read as follows:
   7. To provide in cooperation with the office of general  services  and
 the  office  of  the  comptroller  a  series  of seminars, that shall be
 conducted four or more times per year at regional sites located through-
 out the state of New York for  the  purpose  of  advising  veteran-owned
 businesses  regarding the opportunities available for obtaining procure-
 ment contracts from New York state agencies, municipalities, and author-
 ities.  [Furthermore the] THE seminars shall  provide  requirements  and
 training  that  will  enable  veteran-owned  businesses  to successfully
 participate in the procurement process. FURTHERMORE, THE SEMINARS  SHALL
 PROVIDE  REGISTRATION  INFORMATION  REGARDING THE VETERAN-OWNED BUSINESS
 DIRECTORY AND DATABASE PURSUANT TO SECTION TWENTY-NINE-E OF  THIS  ARTI-
 CLE.
   §  3. This act shall take effect on the first of April next succeeding
 the date upon which it shall have become a law.  Effective  immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.

                                  PART WW
 
   Section  1.   The state finance law is amended by adding a new section
 89-gg to read as follows:
   § 89-GG. YOUTH JUSTICE INNOVATION FUND. 1.  A FUND TO BE KNOWN AS  THE
 "YOUTH  JUSTICE INNOVATION FUND" IS HEREBY ESTABLISHED IN THE CUSTODY OF
 THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE.
   2. THE FUND SHALL CONSIST OF FIFTY MILLION DOLLARS TRANSFERRED TO SUCH
 ACCOUNT PURSUANT TO A PLAN DEVELOPED BY THE DIRECTOR OF THE BUDGET  FROM
 FUNDS  MADE  AVAILABLE  FOR  THE  PURPOSES OF FUNDING SERVICES FOR YOUTH
 THROUGH THE AGE OF TWENTY-FIVE, AND  ANY  INTEREST  EARNINGS  WHICH  MAY
 ACCRUE  FROM  THE  INVESTMENT  OF  MONIES IN THE FUND. NOTHING CONTAINED
 HEREIN SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR  BEQUESTS
 FOR  THE  PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING
 THEM INTO THE FUND ACCORDING TO LAW.
   3. MONIES OF THE FUND SHALL BE AVAILABLE TO THE DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES AND SHALL BE PROVIDED TO COMMUNITY-BASED ORGANIZATIONS
 TO BE EXPENDED FOR SERVICES AND  PROGRAMS  WITH  THE  PURPOSE  OF  YOUTH
 S. 3006--B                         129
 
 DEVELOPMENT  AND  PREVENTING  YOUTH ARREST AND INCARCERATION, INCLUDING,
 BUT NOT LIMITED TO, THOSE  PROVIDING  VIOLENCE-PREVENTION  SERVICES  FOR
 YOUTH,  ALTERNATIVES  TO DETENTION, PLACEMENT AND INCARCERATION PROGRAMS
 FOR YOUTH, AND REENTRY, EDUCATION, AND EMPLOYMENT TRAINING AND PLACEMENT
 PROGRAMS FOR YOUTH THROUGH THE AGE OF TWENTY-FIVE.
   4.  ON  OR BEFORE THE FIRST DAY OF MARCH OF EACH YEAR, THE DIRECTOR OF
 THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL PROVIDE A WRITTEN REPORT
 TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF  THE  ASSEMBLY,
 THE  MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY,
 THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE  CHAIR  OF  THE  ASSEMBLY
 WAYS  AND  MEANS  COMMITTEE, THE CHAIR OF THE SENATE COMMITTEE ON CODES,
 THE CHAIR OF THE ASSEMBLY COMMITTEE ON CODES, THE STATE COMPTROLLER, AND
 THE PUBLIC. SUCH REPORT SHALL INCLUDE HOW THE MONIES OF  THE  FUND  WERE
 UTILIZED DURING THE PRECEDING CALENDAR YEAR, AND SHALL INCLUDE:
   (A)  THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD PROCESS
 USED FOR SUCH DISBURSEMENTS;
   (B) RECIPIENTS OF AWARDS FROM THE FUND;
   (C) THE AMOUNT AWARDED TO EACH RECIPIENT;
   (D) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
   (E) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
 MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
 ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM  THE  PRIOR  FISCAL
 YEAR.
   5.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  DIRECTOR  OF
 THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   § 2. This act shall take effect immediately and shall apply to expend-
 itures made on and after April 1, 2025.
 
                                  PART XX
 
   Section  1.  Paragraph  (a)  of  subdivision  2 of section 6401 of the
 education law, as amended by chapter 717 of the laws of 1981, the  open-
 ing  paragraph as amended by section 1 and subparagraph (vi) as added by
 section 2 of part D of chapter 56 of the laws of  2024,  is  amended  to
 read as follows:
   (a) Notwithstanding the provisions of any other law, in order to qual-
 ify  for state aid apportionments pursuant to this section, any institu-
 tion of higher education must meet either the requirements set forth  in
 subparagraphs (i) through [(vi)] (V) of this paragraph or, in the alter-
 native, the requirements set forth in paragraph (b) of this subdivision:
   (i)  The institution must be a non-profit college or university incor-
 porated by the regents or by the legislature, or a school  of  medicine,
 dentistry  or  osteopathy authorized by the regents to confer the degree
 of doctor of medicine, doctor  of  medical  science,  doctor  of  dental
 surgery or doctor of osteopathy.
   (ii) The institution must maintain one or more earned degree programs,
 culminating in an associate or higher degree.
   (iii)  The institution must meet such standards of educational quality
 applicable to comparable public institutions of higher education, as may
 be from time to time established by the regents.
   (iv) The  institution  must  be  eligible  for  state  aid  under  the
 provisions of the constitution of the United States and the constitution
 of the state of New York.
 S. 3006--B                         130
 
   (v)  The  institution  must  submit  a financial statement which shall
 include total assets and liabilities, in such form as may be approved by
 the commissioner.
   [(vi)  The  institution  must have total endowment assets of less than
 seven hundred fifty million dollars ($750,000,000), based  on  the  most
 recent  academic  year  data  collected  in the Integrated Postsecondary
 Education Data System, as required under Title IV of the  Higher  Educa-
 tion  Act  of  1965,  as  amended,  and  reported  by  the Department of
 Education's National Center for Education Statistics.]
   § 2. Subparagraph (vi) of paragraph (b) of subdivision  2  of  section
 6401 of the education law is REPEALED.
   § 3. This act shall take effect immediately.
 
                                  PART YY
 
   Section  1. The private housing finance law is amended by adding a new
 article 17-C to read as follows:
                              ARTICLE XVII-C
                SMALL RENTAL HOUSING DEVELOPMENT INITIATIVE
 SECTION 1060. LEGISLATIVE FINDINGS AND STATEMENT OF POLICY.
         1061. DEFINITIONS.
         1062. SMALL RENTAL HOUSING DEVELOPMENT INITIATIVE.
   § 1060. LEGISLATIVE FINDINGS AND STATEMENT OF POLICY. THE  LEGISLATURE
 HEREBY  FINDS  AND DECLARES THAT THERE EXISTS IN MANY RURAL AREAS OF THE
 STATE A SUBSTANTIAL NEED FOR AFFORDABLE RENTAL HOUSING OF A SIZE THAT IS
 SUITABLE TO SMALL COMMUNITIES WITH LIMITED INFRASTRUCTURE. THE  FINDINGS
 SET  FORTH  IN  ARTICLE  SEVENTEEN  OF THIS CHAPTER, WITH RESPECT TO THE
 SPECIAL NEEDS AND PROBLEMS OF SUCH AREAS AND THE  SIGNIFICANT  POTENTIAL
 ROLE  OF  LOCALLY  BASED NOT-FOR-PROFIT ORGANIZATIONS IN HELPING TO MEET
 SUCH NEEDS, ARE HEREBY REAFFIRMED.  THE  LEGISLATURE  HEREBY  DETERMINES
 THAT,  IN  ADDITION  TO  THE  PROGRAM  OF STATE SUPPORT TO HELP MEET THE
 ADMINISTRATIVE EXPENSES OF SUCH ORGANIZATIONS UNDER ARTICLE SEVENTEEN OF
 THIS CHAPTER, A FURTHER PUBLIC NEED EXISTS FOR  STATE  FUNDING  FOR  THE
 DEVELOPMENT OF AFFORDABLE RENTAL HOUSING OF TWENTY UNITS OR LESS.  IT IS
 THE  PURPOSE OF THIS ARTICLE TO ENCOURAGE THE CONSTRUCTION OF AFFORDABLE
 RENTAL HOUSING IN THE RURAL AREAS OF THE STATE BY ESTABLISHING  A  DEDI-
 CATED PROGRAM OF SUCH FUNDING.
   §  1061.  DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "SMALL RENTAL HOUSING DEVELOPMENTS" SHALL  MEAN  AFFORDABLE  RENTAL
 APARTMENT  BUILDINGS  OF TWENTY UNITS OR LESS FOR LOW TO MODERATE INCOME
 HOUSEHOLDS.
   2. "ELIGIBLE AREA" SHALL MEAN A TOWN OR  CITY  WITH  A  POPULATION  OF
 THIRTY THOUSAND OR LESS.
   3. "ELIGIBLE APPLICANT" SHALL MEAN A NON-PROFIT HOUSING AGENCY SUCH AS
 A RURAL PRESERVATION OR NEIGHBORHOOD COMPANY OR OTHER SIMILAR NON-PROFIT
 ENTITY CHARTERED BY THE STATE.
   4.  "LOW  TO MODERATE-INCOME HOUSEHOLD" SHALL MEAN A HOUSEHOLD WITH UP
 TO ONE HUNDRED TWENTY PERCENT OF AREA MEDIAN INCOME.
   5. "PERIOD OF AFFORDABILITY" SHALL MEAN THE REQUIRED LENGTH OF TIME  A
 PROJECT   MUST  MEET  AFFORDABILITY  REQUIREMENTS  PURSUANT  TO  24  CFR
 92.252(E) AND TO BE SPECIFIED IN THE PROJECT NOTE AND MORTGAGE.
   § 1062. SMALL RENTAL HOUSING  DEVELOPMENT  INITIATIVE.  1.  APPLICANTS
 CONSTRUCTING  SMALL  RENTAL HOUSING DEVELOPMENTS IN ELIGIBLE AREAS SHALL
 BE ELIGIBLE FOR STATE FUNDING IN THE FORM  OF  DEFERRED  LOANS  AT  ZERO
 PERCENT  INTEREST  LOANS,  DUE  ON SALE. SUCH ZERO INTEREST LOANS MAY BE
 S. 3006--B                         131
 
 SUBJECT TO FORGIVENESS IN ACCORDANCE WITH THE PROVISIONS OF  SUBDIVISION
 TWO OF THIS SECTION.
   (A) THE ELIGIBLE APPLICANT SHALL CHOOSE A PAYBACK PERIOD FOR SUCH LOAN
 OF BETWEEN TEN AND TWENTY YEARS.
   (B)  THE  MAXIMUM  PER-UNIT SUBSIDY SHALL BE DETERMINED BY THE COMMIS-
 SIONER.
   (C) FUNDS SHALL BE USED FOR THE CONSTRUCTION OF RESIDENTIAL UNITS  AND
 MAY BE USED FOR THE CONSTRUCTION OF COMMUNITY ROOMS OR COMMON AREAS USED
 FOR THE BENEFIT OF RESIDENTS.
   2.   (A) ZERO INTEREST LOANS ISSUED IN ACCORDANCE WITH SUBDIVISION ONE
 OF THIS SECTION SHALL BE DEFERRED FOR THE PERIOD  OF  AFFORDABILITY.  IF
 THE  ELIGIBLE  APPLICANT,  WHO IS THE RECIPIENT OF A ZERO INTEREST LOAN,
 REMAINS IN COMPLIANCE WITH ALL PROGRAM REQUIREMENTS FOR THE ENTIRETY  OF
 THE  PERIOD OF AFFORDABILITY, THE ZERO INTEREST LOAN MAY BE FORGIVEN AND
 THE MORTGAGE LIEN PLACED AGAINST THE PROPERTY MAY BE SATISFIED.
   (B) IF THE PROPERTY OF AN ELIGIBLE APPLICANT IS SOLD DURING THE PERIOD
 OF AFFORDABILITY, THE SUM OF ANY OUTSTANDING MORTGAGE MUST  BE  RE-PAID.
 THE  MORTGAGE LIEN MAY BE ASSUMED BY A NEW PURCHASER ONLY IF APPROVED BY
 THE HOUSING  TRUST  FUND  CORPORATION,  SUBJECT  TO  ANY  CONDITIONS  OR
 REQUIREMENTS SET BY THE HOUSING TRUST FUND CORPORATION.
   (C)  THE  RENTAL  MANAGEMENT  REQUIREMENTS OF THE SMALL RENTAL HOUSING
 INITIATIVE SHALL RUN WITH THE PROPERTY THROUGHOUT THE  ENTIRETY  OF  THE
 PERIOD OF AFFORDABILITY, REGARDLESS OF ANY CHANGE IN OWNERSHIP.
   (D)  AWARDS  MADE UNDER THIS PROGRAM SHALL BE PURSUANT TO A REGULATORY
 AGREEMENT, INCLUDING RENT SETTING AND ANY AND ALL RENT INCREASES  DURING
 THE AFFORDABILITY PERIOD.
   3.  THE  DIVISION  OF  HOUSING  AND COMMUNITY RENEWAL SHALL NOTIFY, IN
 WRITING, ALL APPLICANTS WHO WERE NOT SELECTED FOR FUNDING OF THE REASONS
 WHY THE PROPOSAL WAS NOT FUNDED,  INCLUDING  THE  DESIGN,  UNDERWRITING,
 LEGAL  OR PROGRAM DEFICIENCIES, DEFICIENCIES OF ANY DOCUMENTS AND/OR THE
 BASIS UPON WHICH THE APPLICATION WAS DETERMINED  TO  BE  INELIGIBLE  FOR
 FUNDING.
   4. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL PROVIDE FOR THE
 REVIEW, AT PERIODIC INTERVALS NOT LESS THAN ANNUALLY, OF THE PERFORMANCE
 OF  APPLICANTS  RECEIVING GRANTS OR LOANS PURSUANT TO THIS ARTICLE. SUCH
 REVIEW SHALL, AMONG OTHER THINGS, BE FOR THE  PURPOSES  OF  ASCERTAINING
 THE  CONFORMITY  TO  AGREEMENT PROVISIONS, AND ADHERENCE TO REGULATIONS.
 AGREEMENTS ENTERED INTO PURSUANT TO THIS ARTICLE MAY BE  TERMINATED  AND
 FUNDS  MAY  BE  WITHHELD  OR  RECAPTURED  BY THE DIVISION OF HOUSING AND
 COMMUNITY RENEWAL UPON A FINDING OF SUBSTANTIAL NONPERFORMANCE OR BREACH
 BY SUCH APPLICANT UNDER ITS AGREEMENT.
   5. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL  DEVELOP  ADDI-
 TIONAL  PROCEDURES AND REQUIREMENTS RELATED TO THE APPLICATION AND AWARD
 OF FUNDING FOR PROJECTS PURSUANT TO THIS ARTICLE AS DEEMED NECESSARY  OR
 APPROPRIATE TO IMPLEMENT THE PURPOSES AND PROVISIONS OF THIS ARTICLE.
   § 2. This act shall take effect immediately.
 
                                  PART ZZ
 
   Section  1. The private housing finance law is amended by adding a new
 article 33 to read as follows:
                              ARTICLE XXXIII
             MOBILE AND MANUFACTURED HOME REPLACEMENT PROGRAM
 SECTION 1300. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE.
         1301. DEFINITIONS.
         1302. MOBILE AND MANUFACTURED HOME REPLACEMENT CONTRACTS.
 S. 3006--B                         132
 
   § 1300. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE
 HEREBY FINDS AND DECLARES THAT THERE EXISTS IN NEW YORK STATE A  SERIOUS
 NEED  TO  ELIMINATE OLDER, DILAPIDATED MOBILE AND MANUFACTURED HOMES AND
 REPLACE THEM WITH NEW MANUFACTURED, MODULAR OR SITE-BUILT  HOMES.  OLDER
 MOBILE  OR  MANUFACTURED  HOME  UNITS  WITH RUSTED, LEAKING METAL ROOFS,
 METAL-FRAMED WINDOWS WITH INTERIOR TAKE-OUT STORMS,  AND  METAL  SIDING,
 ARE  JUST  SOME  OF THE EXAMPLES OF THOSE THAT MOST NEED REPLACEMENT. NO
 MATTER THE AMOUNT OF REHABILITATION INVESTMENT, THE END RESULT IS UNSAT-
 ISFACTORY IN TERMS OF LONGEVITY, ENERGY  EFFICIENCY  AND  AFFORDABILITY.
 THE  LEGISLATURE  THEREFORE  FINDS  THAT  THE  STATE  SHOULD ESTABLISH A
 PROGRAM TO FUND THE REPLACEMENT OF MOBILE OR MANUFACTURED HOMES WITH NEW
 AFFORDABLE AND ENERGY  EFFICIENT  MANUFACTURED,  MODULAR  OR  SITE-BUILT
 HOMES.
   § 1301. DEFINITIONS.  FOR  THE  PURPOSES OF THIS ARTICLE THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "CORPORATION" SHALL MEAN THE HOUSING TRUST FUND CORPORATION  ESTAB-
 LISHED IN SECTION FORTY-FIVE-A OF THIS CHAPTER.
   2.  "DILAPIDATED" SHALL MEAN A HOUSING UNIT THAT DOES NOT PROVIDE SAFE
 AND ADEQUATE SHELTER, AND IN ITS PRESENT CONDITION ENDANGERS THE HEALTH,
 SAFETY OR WELL-BEING OF THE OCCUPANTS. SUCH A HOUSING  UNIT  SHALL  HAVE
 ONE  OR  MORE CRITICAL DEFECTS, OR A COMBINATION OF INTERMEDIATE DEFECTS
 IN SUFFICIENT  NUMBER  OR  EXTENT  TO  REQUIRE  CONSIDERABLE  REPAIR  OR
 REBUILDING.  SUCH DEFECTS MAY INVOLVE ORIGINAL CONSTRUCTION, OR THEY MAY
 RESULT FROM CONTINUED NEGLECT OR LACK OF REPAIR OR FROM  SERIOUS  DAMAGE
 TO THE STRUCTURE.
   3.  "ELIGIBLE  APPLICANT"  SHALL  MEAN A UNIT OF LOCAL GOVERNMENT OR A
 NOT-FOR-PROFIT CORPORATION IN EXISTENCE FOR A  PERIOD  OF  ONE  OR  MORE
 YEARS  PRIOR  TO APPLICATION, WHICH IS, OR WILL BE AT THE TIME OF AWARD,
 INCORPORATED UNDER THE NOT-FOR-PROFIT CORPORATION LAW AND  HAS  SUBSTAN-
 TIAL EXPERIENCE IN AFFORDABLE HOUSING.
   4.  "ELIGIBLE  PROPERTY" SHALL MEAN A MOBILE OR MANUFACTURED HOME THAT
 IS THE PRIMARY RESIDENCE OF A HOMEOWNER WITH A  TOTAL  HOUSEHOLD  INCOME
 THAT DOES NOT EXCEED EIGHTY PERCENT OF AREA MEDIAN INCOME FOR THE COUNTY
 IN WHICH A PROJECT IS LOCATED AS CALCULATED BY THE UNITED STATES DEPART-
 MENT OF HOUSING AND URBAN DEVELOPMENT.
   5. "MANUFACTURED HOME" SHALL HAVE THE SAME MEANING AS IS SET FORTH FOR
 SUCH  TERM IN SUBDIVISION SEVEN OF SECTION SIX HUNDRED ONE OF THE EXECU-
 TIVE LAW.
   6. "MOBILE AND MANUFACTURED HOME  REPLACEMENT  PROGRAM"  OR  "PROGRAM"
 SHALL  MEAN A PROPOSAL BY AN ELIGIBLE APPLICANT FOR THE REPLACEMENT OF A
 DILAPIDATED MOBILE OR MANUFACTURED HOME WITH A NEW MANUFACTURED, MODULAR
 OR SITE-BUILT HOME. ALL REPLACEMENT HOMES SHALL BE ENERGY STAR RATED FOR
 ENERGY EFFICIENCY.
   7. "MODULAR HOME" SHALL HAVE THE SAME MEANING AS IS SET FORTH FOR SUCH
 TERM IN PARAGRAPH THIRTY-THREE OF  SUBDIVISION  (B)  OF  SECTION  ELEVEN
 HUNDRED ONE OF THE TAX LAW.
   8. "SITE-BUILT HOME" SHALL MEAN A STRUCTURE BUILT ON-SITE USING BUILD-
 ING MATERIALS DELIVERED TO THE SITE, EVEN IF SOME OF SUCH MATERIALS WERE
 MANUFACTURED,  PRODUCED OR ASSEMBLED OFF-SITE SUCH AS, BY WAY OF EXAMPLE
 AND NOT BY WAY OF LIMITATION, CONCRETE BLOCKS, WINDOWS, DOOR UNITS, WALL
 OR ROOF PANELS, TRUSSES AND DORMERS.
   § 1302. MOBILE AND MANUFACTURED HOME REPLACEMENT CONTRACTS. 1. GRANTS.
 WITHIN THE LIMIT OF FUNDS AVAILABLE IN THE MOBILE AND MANUFACTURED  HOME
 REPLACEMENT  PROGRAM, THE CORPORATION IS HEREBY AUTHORIZED TO ENTER INTO
 CONTRACTS WITH ELIGIBLE APPLICANTS TO PROVIDE  GRANTS,  WHICH  SHALL  BE
 S. 3006--B                         133
 
 USED  TO  ESTABLISH  PROGRAMS TO PROVIDE ASSISTANCE TO ELIGIBLE PROPERTY
 OWNERS TO REPLACE DILAPIDATED MOBILE OR MANUFACTURED HOMES IN THE STATE.
   2.  PROGRAM CRITERIA. THE CORPORATION SHALL DEVELOP PROCEDURES, CRITE-
 RIA AND REQUIREMENTS RELATED TO THE APPLICATION AND  AWARD  OF  PROJECTS
 PURSUANT  TO  THIS  SECTION  WHICH  SHALL INCLUDE:   ELIGIBILITY, MARKET
 DEMAND, FEASIBILITY AND  FUNDING  CRITERIA;  THE  FUNDING  DETERMINATION
 PROCESS;  SUPERVISION  AND EVALUATION OF CONTRACTING APPLICANTS; REPORT-
 ING, BUDGETING AND RECORD-KEEPING REQUIREMENTS; PROVISIONS FOR MODIFICA-
 TION AND TERMINATION OF CONTRACTS; AND SUCH OTHER MATTERS NOT INCONSIST-
 ENT WITH THE PURPOSES AND PROVISIONS OF THIS ARTICLE AS THE  CORPORATION
 SHALL DEEM NECESSARY OR APPROPRIATE.
   3. CONTRACT LIMITATIONS. THE TOTAL CONTRACT PURSUANT TO ANY ONE ELIGI-
 BLE APPLICANT IN A SPECIFIED REGION SHALL NOT EXCEED SEVEN HUNDRED FIFTY
 THOUSAND  DOLLARS  AND  THE CONTRACT SHALL PROVIDE FOR COMPLETION OF THE
 PROGRAM WITHIN A REASONABLE PERIOD, AS SPECIFIED  THEREIN,  WHICH  SHALL
 NOT  IN  ANY  EVENT  EXCEED FOUR YEARS FROM COMMENCEMENT OF THE PROGRAM.
 UPON REQUEST, THE CORPORATION MAY EXTEND THE TERM OF THE CONTRACT FOR UP
 TO AN ADDITIONAL ONE YEAR PERIOD FOR GOOD CAUSE SHOWN  BY  THE  ELIGIBLE
 APPLICANT.
   4.  PLANNING AND ADMINISTRATIVE COSTS. THE CORPORATION SHALL AUTHORIZE
 THE ELIGIBLE APPLICANT TO SPEND TEN PERCENT OF THE CONTRACT  AMOUNT  FOR
 APPROVED PLANNING AND ADMINISTRATIVE COSTS ASSOCIATED WITH ADMINISTERING
 THE PROGRAM.
   5.  THE  CORPORATION  SHALL  REQUIRE THAT, IN ORDER TO RECEIVE A GRANT
 PURSUANT TO THIS ARTICLE, THE ELIGIBLE  PROPERTY  OWNER  SHALL  HAVE  NO
 LIENS  ON  THE  LAND  AFTER  CLOSING  THE  GRANT OTHER THAN THE NEW HOME
 FINANCING AND CURRENTLY EXISTING MORTGAGE OR MORTGAGES, AND ALL PROPERTY
 TAXES AND INSURANCES MUST BE CURRENT.
   6. ASSISTANCE. FINANCIAL ASSISTANCE TO ELIGIBLE PROPERTY OWNERS  SHALL
 BE  ONE  HUNDRED  PERCENT  GRANTS  IN THE FORM OF DEFERRED PAYMENT LOANS
 (HEREINAFTER REFERRED TO IN THIS SUBDIVISION AS  "DPL").    A  TEN  YEAR
 DECLINING  BALANCE  LIEN  USING A SECURITY INSTRUMENT AS REQUIRED BY THE
 CORPORATION, WILL BE UTILIZED FOR REPLACEMENT PROJECTS. NO  INTEREST  OR
 PAYMENTS  WILL  BE  REQUIRED  ON  THE DPL UNLESS THE PROPERTY IS SOLD OR
 TRANSFERRED BEFORE THE REGULATORY TERM EXPIRES. IN SUCH CASES FUNDS WILL
 BE RECAPTURED FROM THE PROCEEDS OF THE SALE OF THE HOME, ON A  DECLINING
 BALANCE BASIS, UNLESS AN INCOME-ELIGIBLE IMMEDIATE FAMILY MEMBER ACCEPTS
 OWNERSHIP  OF, AND RESIDES IN THE NEW REPLACEMENT HOME FOR THE REMAINDER
 OF THE REGULATORY TERM.  IN ADDITION THE MOBILE  AND  MANUFACTURED  HOME
 REPLACEMENT PROGRAM ESTABLISHED BY THIS ARTICLE SHALL: (A) PROVIDE FUNDS
 FOR  RELOCATION  ASSISTANCE  TO HOMEOWNERS WHO ARE UNABLE TO VOLUNTARILY
 RELOCATE DURING THE DEMOLITION AND CONSTRUCTION PHASES OF  THE  PROJECT;
 AND  (B)  PROVIDE  FUNDING FOR THE COSTS OF DEMOLISHING AND DISPOSING OF
 THE DILAPIDATED HOME.
   7. HOMEOWNERSHIP TRAINING. THE ELIGIBLE PROPERTY OWNER MUST  AGREE  TO
 ATTEND  AN  APPROVED  HOMEOWNERSHIP  TRAINING PROGRAM FOR POST-PURCHASE,
 CREDIT/BUDGET, AND HOME MAINTENANCE COUNSELING AS PART OF  THE  APPLICA-
 TION PROCESS.
   8.  FUNDING  CRITERIA.  THE  TOTAL  PAYMENT  PURSUANT TO ANY ONE GRANT
 CONTRACT SHALL NOT EXCEED TWO HUNDRED THOUSAND DOLLARS AND THE  CONTRACT
 SHALL  PROVIDE FOR COMPLETION OF THE PROGRAM WITHIN A REASONABLE PERIOD,
 AS SPECIFIED THEREIN, NOT TO EXCEED FOUR YEARS.
   9. FUNDING AND ANNUAL REPORT. THE CORPORATION IN ITS  SOLE  DISCRETION
 SHALL  AUTHORIZE ALL FUNDING DECISIONS AND MAKE ALL AWARD ANNOUNCEMENTS.
 THE CORPORATION SHALL, ON OR BEFORE DECEMBER THIRTY-FIRST IN  EACH  YEAR
 SUBMIT  A  REPORT TO THE LEGISLATURE ON THE IMPLEMENTATION OF THIS ARTI-
 S. 3006--B                         134
 
 CLE. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO,  FOR  EACH  AWARD
 MADE  TO  A  GRANTEE  UNDER  THIS  ARTICLE: A DESCRIPTION OF SUCH AWARD;
 CONTRACT AMOUNT AND CUMULATIVE TOTAL; AND SUCH OTHER INFORMATION AS  THE
 CORPORATION DEEMS PERTINENT.
   § 2. This act shall take effect immediately.
 
                                 PART AAA
 
   Section  1.  Paragraph  (b)  of  subdivision 2 of section 576-d of the
 private housing finance law, as amended by section 1 of part S of  chap-
 ter 56 of the laws of 2020, is amended to read as follows:
   (b) the total amount of loans made to any single agricultural producer
 shall not exceed [two] FOUR hundred thousand dollars per annum;
   § 2. This act shall take effect immediately.

                                 PART BBB
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Home Ownership Market Expansion Act" or "HOME Act".
   § 2. The private housing finance law is amended by adding a new  arti-
 cle 33 to read as follows:
                                ARTICLE 33
                  NEW YORK STATE FIRST HOME GRANT PROGRAM
 SECTION 1300. PROGRAM ESTABLISHED.
         1301. DEFINITIONS.
         1302. FUNCTIONS OF THE COMMISSIONER.
         1303. PROGRAM REQUIREMENTS.
   §  1300. PROGRAM ESTABLISHED. WITHIN AMOUNTS APPROPRIATED OR OTHERWISE
 AVAILABLE THEREFOR, THE DIVISION OF HOMES AND  COMMUNITY  RENEWAL  SHALL
 ESTABLISH A FIRST HOME GRANT PROGRAM.
   §  1301.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "FIRST TIME HOME BUYER" SHALL MEAN AN INDIVIDUAL OR INDIVIDUALS, AT
 LEAST ONE OF WHOM HAS NOT HAD AN OWNERSHIP INTEREST IN A PRINCIPAL RESI-
 DENCE AT ANY TIME, INCLUDING RESIDENCES OWNED IN THE  UNITED  STATES  OR
 ABROAD.  NO  SUCH INDIVIDUAL SHALL OWN ANY OTHER HOME INCLUDING VACATION
 OR INVESTMENT RESIDENCES,  INCLUDING  RESIDENCES  OWNED  IN  THE  UNITED
 STATES  OR  ABROAD, EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION. IF
 AN INDIVIDUAL'S ONLY POTENTIALLY DISQUALIFYING PRESENT OWNERSHIP  INTER-
 EST  IS OWNERSHIP OF A MOBILE OR MANUFACTURED HOME, THE INDIVIDUAL SHALL
 BE CONSIDERED A FIRST TIME HOME BUYER. FOR THE PURPOSES OF THIS  ARTICLE
 A "MOBILE OR MANUFACTURED HOME" SHALL MEAN A STRUCTURE THAT IS VALUED AS
 PERSONAL  PROPERTY  AND  NOT REAL PROPERTY. IF, DUE TO SUCH INDIVIDUAL'S
 OWNERSHIP OF A MOBILE OR MANUFACTURED HOME, SUCH INDIVIDUAL HAS  CLAIMED
 A  REAL  ESTATE  TAX  OR  HOME  MORTGAGE  DEDUCTION ON SUCH INDIVIDUAL'S
 PERSONAL INCOME TAX RETURNS, SUCH INDIVIDUAL SHALL NOT BE  CONSIDERED  A
 FIRST  TIME  HOME BUYER REGARDLESS OF WHETHER THE MOBILE OR MANUFACTURED
 HOME WAS CONSIDERED PERSONAL OR REAL PROPERTY.
   2. "OWNERSHIP INTEREST" SHALL MEAN A  FEE  SIMPLE  INTEREST,  A  JOINT
 TENANCY, A TENANCY IN COMMON, A TENANCY BY THE ENTIRETY, THE INTEREST OF
 A  TENANT-SHARE  HOLDER  IN  A  COOPERATIVE,  A  LIFE  ESTATE  OR A LAND
 CONTRACT.  INTERESTS WHICH DO NOT CONSTITUTE OWNERSHIP INTERESTS INCLUDE
 THE FOLLOWING: (A) REMAINDER INTERESTS, (B) A LEASE WITH OR  WITHOUT  AN
 OPTION  TO  PURCHASE,  (C) A MERE EXPECTANCY TO INHERIT AN INTEREST IN A
 RESIDENCE, (D) THE INTEREST THAT A PURCHASER OF A RESIDENCE ACQUIRES  ON
 S. 3006--B                         135
 
 THE  EXECUTION OF A PURCHASE CONTRACT AND (E) AN INTEREST IN REAL ESTATE
 OTHER THAN A RESIDENCE.
   3.  "PROGRAM"  SHALL MEAN THE NEW YORK FIRST HOME GRANT PROGRAM ESTAB-
 LISHED PURSUANT TO THIS ARTICLE.
   § 1302. FUNCTIONS OF THE COMMISSIONER. 1. THE COMMISSIONER, IN CONSUL-
 TATION WITH THE STATE COMPTROLLER, SHALL IMPLEMENT THE PROGRAM UNDER THE
 TERMS AND CONDITIONS ESTABLISHED BY THIS ARTICLE.
   2. IN FURTHERANCE OF SUCH IMPLEMENTATION THE COMMISSIONER SHALL:
   (A) DEVELOP AND IMPLEMENT THE PROGRAM IN A MANNER CONSISTENT WITH  THE
 PROVISIONS  OF THIS ARTICLE THROUGH RULES AND REGULATIONS ESTABLISHED IN
 ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURE ACT;
   (B) ENGAGE THE SERVICES OF CONSULTANTS ON A CONTRACT BASIS FOR RENDER-
 ING PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE;
   (C) MAKE CHANGES TO THE PROGRAM REQUIRED FOR THE PARTICIPANTS  IN  THE
 PROGRAM TO OBTAIN THE STATE BENEFITS OR TREATMENT PROVIDED BY THIS ARTI-
 CLE;
   (D) CHARGE, IMPOSE AND COLLECT ADMINISTRATIVE FEES AND SERVICE CHARGES
 IN  CONNECTION  WITH  ANY AGREEMENT, CONTRACT OR TRANSACTION RELATING TO
 THE PROGRAM;
   (E) DEVELOP MARKETING PLANS AND PROMOTION MATERIALS;
   (F) ESTABLISH THE METHODS BY WHICH THE GRANTS BE DISPERSED;
   (G) ESTABLISH THE METHOD BY WHICH FUNDS SHALL BE ALLOCATED TO PAY  FOR
 ADMINISTRATIVE COSTS; AND
   (H)  DO  ALL  THINGS NECESSARY AND PROPER TO CARRY OUT THE PURPOSES OF
 THIS ARTICLE.
   § 1303. PROGRAM REQUIREMENTS. 1. AMOUNTS FROM A GRANT UNDER THIS ARTI-
 CLE SHALL BE USED ONLY TO PROVIDE ASSISTANCE:
   (A) ON BEHALF OF A FIRST TIME HOME BUYER QUALIFIED UNDER THIS ARTICLE;
 AND
   (B) FOR:
   (I) COSTS IN CONNECTION WITH THE ACQUISITION,  INVOLVING  AN  ELIGIBLE
 MORTGAGE LOAN, OF AN ELIGIBLE HOME, INCLUDING DOWNPAYMENT COSTS, CLOSING
 COSTS,  AND  COSTS  TO REDUCE THE RATES OF INTEREST ON ELIGIBLE MORTGAGE
 LOANS;
   (II) SUBSIDIES TO MAKE SHARED EQUITY HOMES AFFORDABLE TO  HOME  BUYERS
 BY DISCOUNTING THE PRICE FOR WHICH THE HOME WILL BE SOLD AND TO PRESERVE
 THE AFFORDABILITY OF THE HOME FOR SUBSEQUENT HOME BUYERS; AND
   (III)  PRE-OCCUPANCY HOME MODIFICATIONS REQUIRED TO ACCOMMODATE QUALI-
 FIED HOME BUYERS OR MEMBERS OF THE HOME BUYER'S HOUSEHOLD WITH DISABILI-
 TIES.
   2. ANY GRANT AWARDED PURSUANT TO THIS ARTICLE:
   (A) MAY BE PROVIDED ON BEHALF OF ANY FIRST TIME HOME BUYER ONLY  ONCE;
 AND
   (B) SHALL BE IN THE TOTAL AMOUNT OF TEN THOUSAND DOLLARS.
   3.  GRANT AMOUNTS RECEIVED BY A FIRST TIME HOME BUYER PURSUANT TO THIS
 ARTICLE SHALL BE CONSIDERED TO SUPPLEMENT ANY  OTHER  STATE  OR  FEDERAL
 ASSISTANCE PROVIDED TO SUCH HOME BUYER FOR THE ACQUISITION OF SUCH HOME.
   4.  ANY FIRST TIME HOME BUYER AWARDED A GRANT PURSUANT TO THIS ARTICLE
 SHALL MAINTAIN PRIMARY RESIDENCE AT SUCH PROPERTY FOR A FIVE YEAR PERIOD
 FOLLOWING ACQUISITION OF SUCH PROPERTY. THE COMMISSIONER  SHALL  REQUIRE
 THAT  ANY FIRST TIME HOME BUYER AWARDED A GRANT PURSUANT TO THIS ARTICLE
 WHO FAILS OR CEASES TO OCCUPY THE PROPERTY ACQUIRED USING  SUCH  ASSIST-
 ANCE  AS THE PRIMARY RESIDENCE OF SUCH HOME BUYER, EXCEPT IN THE CASE OF
 ASSISTANCE PROVIDED IN CONNECTION WITH THE PURCHASE OF A PRINCIPAL RESI-
 DENCE THROUGH A SHARED EQUITY HOMEOWNERSHIP  PROGRAM,  SUCH  HOME  BUYER
 SHALL  REPAY TO THE COMMISSIONER A PROPORTIONAL AMOUNT OF THE ASSISTANCE
 S. 3006--B                         136
 
 SUCH HOME BUYER RECEIVES BASED ON THE NUMBER OF YEARS THE HOME BUYER HAS
 OCCUPIED THE ELIGIBLE HOME.
   § 3. Subsection (c) of section 612 of the tax law is amended by adding
 a new paragraph 48 to read as follows:
   (48)  THE  AMOUNT  OF  ANY  GRANT TO ANY FIRST TIME HOME BUYER AWARDED
 PURSUANT TO ARTICLE THIRTY-THREE OF THE PRIVATE HOUSING FINANCE  LAW  OR
 ANY  FEDERAL FIRST TIME HOME BUYER GRANT PROGRAM SHALL NOT BE CONSIDERED
 TAXABLE INCOME FOR THE PURPOSE OF CALCULATING NEW  YORK  ADJUSTED  GROSS
 INCOME,  IRRESPECTIVE  OF  WHETHER  IT  IS CONSIDERED TAXABLE INCOME FOR
 FEDERAL INCOME TAX PURPOSES.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the  commissioner  of
 the  division  of  housing and community renewal and the comptroller are
 authorized to promulgate any rules or regulations necessary to implement
 the provisions of this act on its  effective  date  on  or  before  such
 effective date.
 
                                 PART CCC
 
   Section  1.  The public housing law is amended by adding a new article
 14-A to read as follows:
                               ARTICLE 14-A
                      HOUSING ACCESS VOUCHER PROGRAM
 SECTION 605. LEGISLATIVE FINDINGS.
         606. DEFINITIONS.
         607. HOUSING ACCESS VOUCHER PROGRAM.
         608. ELIGIBILITY.
         609. FUNDING ALLOCATION AND DISTRIBUTION.
         610. PAYMENT OF HOUSING VOUCHERS.
         611. LEASES AND TENANCY.
         612. RENTAL OBLIGATION.
         613. MONTHLY ASSISTANCE PAYMENT.
         614. INSPECTION OF UNITS.
         615. RENT.
         616. VACATED UNITS.
         617. LEASING OF UNITS OWNED BY A HOUSING  ACCESS  VOUCHER  LOCAL
                ADMINISTRATOR.
         618. VERIFICATION OF INCOME.
         619. DIVISION OF AN ASSISTED FAMILY.
         620. MAINTENANCE OF EFFORT.
         621. VOUCHERS STATEWIDE.
         622. APPLICABLE CODES.
         623. HOUSING CHOICE.
   § 605. LEGISLATIVE  FINDINGS.  THE LEGISLATURE FINDS THAT IT IS IN THE
 PUBLIC INTEREST OF THE STATE TO ENSURE THAT INDIVIDUALS AND FAMILIES ARE
 NOT RENDERED HOMELESS BECAUSE OF AN INABILITY TO PAY THE COST  OF  HOUS-
 ING,  AND  TO  AID  INDIVIDUALS AND FAMILIES WHO ARE HOMELESS OR FACE AN
 IMMINENT LOSS OF HOUSING IN OBTAINING AND MAINTAINING SUITABLE PERMANENT
 HOUSING IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
   § 606. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "HOMELESS" MEANS  LACKING A FIXED, REGULAR, AND ADEQUATE NIGHTTIME
 RESIDENCE; HAVING A PRIMARY NIGHTTIME RESIDENCE  THAT  IS  A  PUBLIC  OR
 PRIVATE  PLACE NOT DESIGNED FOR OR ORDINARILY USED AS A REGULAR SLEEPING
 ACCOMMODATION FOR HUMAN BEINGS, INCLUDING A CAR, PARK, ABANDONED  BUILD-
 ING, BUS OR TRAIN STATION, AIRPORT, CAMPGROUND, OR OTHER PLACE NOT MEANT
 S. 3006--B                         137
 
 FOR HUMAN HABITATION; LIVING IN A SUPERVISED PUBLICLY OR PRIVATELY OPER-
 ATED   SHELTER  DESIGNATED  TO  PROVIDE  TEMPORARY  LIVING  ARRANGEMENTS
 (INCLUDING HOTELS AND MOTELS PAID FOR BY FEDERAL, STATE OR LOCAL GOVERN-
 MENT PROGRAMS FOR LOW-INCOME INDIVIDUALS OR BY CHARITABLE ORGANIZATIONS,
 CONGREGATE  SHELTERS,  OR  TRANSITIONAL HOUSING); EXITING AN INSTITUTION
 WHERE AN INDIVIDUAL OR FAMILY HAS RESIDED AND LACKING  A  REGULAR  FIXED
 AND  ADEQUATE NIGHTTIME RESIDENCE UPON RELEASE OR DISCHARGE; INDIVIDUALS
 RELEASED OR SCHEDULED TO BE RELEASED FROM INCARCERATION  AND  LACKING  A
 REGULAR   FIXED   AND  ADEQUATE  NIGHTTIME  RESIDENCE  UPON  RELEASE  OR
 DISCHARGE; BEING A HOMELESS FAMILY WITH CHILDREN OR UNACCOMPANIED  YOUTH
 DEFINED  AS  HOMELESS  UNDER  42 U.S.C. § 11302(A); HAVING EXPERIENCED A
 LONG-TERM PERIOD WITHOUT LIVING INDEPENDENTLY IN  PERMANENT  HOUSING  OR
 HAVING  EXPERIENCED PERSISTENT INSTABILITY AS MEASURED BY FREQUENT MOVES
 AND BEING REASONABLY EXPECTED TO CONTINUE IN SUCH STATUS FOR AN EXTENDED
 PERIOD OF TIME BECAUSE OF CHRONIC DISABILITIES, CHRONIC PHYSICAL  HEALTH
 OR  MENTAL HEALTH CONDITIONS, SUBSTANCE ADDICTION, HISTORIES OF DOMESTIC
 VIOLENCE OR CHILDHOOD ABUSE, THE PRESENCE OF A CHILD  OR  YOUTH  WITH  A
 DISABILITY, MULTIPLE BARRIERS TO EMPLOYMENT, OR OTHER DANGEROUS OR LIFE-
 THREATENING  CONDITIONS,  INCLUDING  CONDITIONS  THAT RELATE TO VIOLENCE
 AGAINST AN INDIVIDUAL OR A FAMILY MEMBER.
   2. "IMMINENT LOSS OF HOUSING" MEANS HAVING RECEIVED  A  VERIFIED  RENT
 DEMAND OR A PETITION FOR EVICTION; HAVING RECEIVED A COURT ORDER RESULT-
 ING  FROM AN EVICTION ACTION THAT NOTIFIES THE INDIVIDUAL OR FAMILY THAT
 THEY MUST LEAVE THEIR HOUSING; FACING LOSS OF HOUSING  DUE  TO  A  COURT
 ORDER  TO  VACATE  THE  PREMISES  DUE TO HAZARDOUS CONDITIONS, WHICH MAY
 INCLUDE BUT NOT BE LIMITED TO ASBESTOS, LEAD EXPOSURE, MOLD, AND  RADON;
 HAVING  A PRIMARY NIGHTTIME RESIDENCE THAT IS A ROOM IN A HOTEL OR MOTEL
 AND LACKING THE RESOURCES NECESSARY TO STAY; FACING LOSS OF THE  PRIMARY
 NIGHTTIME  RESIDENCE,  WHICH  MAY  INCLUDE LIVING IN THE HOME OF ANOTHER
 HOUSEHOLD, WHERE THE OWNER OR RENTER OF THE HOUSING WILL NOT  ALLOW  THE
 INDIVIDUAL  OR  FAMILY TO STAY, PROVIDED FURTHER, THAT AN ASSERTION FROM
 AN INDIVIDUAL OR FAMILY MEMBER ALLEGING SUCH LOSS OF  HOUSING  OR  HOME-
 LESSNESS  SHALL  BE  SUFFICIENT  TO ESTABLISH ELIGIBILITY; OR FLEEING OR
 ATTEMPTING TO FLEE DOMESTIC VIOLENCE, DATING VIOLENCE,  SEXUAL  ASSAULT,
 STALKING,  HUMAN  TRAFFICKING  OR  OTHER  DANGEROUS  OR LIFE-THREATENING
 CONDITIONS THAT RELATE TO VIOLENCE AGAINST THE INDIVIDUAL  OR  A  FAMILY
 MEMBER,  PROVIDED FURTHER THAT AN ASSERTION FROM AN INDIVIDUAL OR FAMILY
 MEMBER ALLEGING SUCH ABUSE AND LOSS OF HOUSING SHALL  BE  SUFFICIENT  TO
 ESTABLISH ELIGIBILITY.
   3.  "PUBLIC  HOUSING  AGENCY" MEANS ANY COUNTY, MUNICIPALITY, OR OTHER
 GOVERNMENTAL ENTITY OR PUBLIC BODY THAT IS AUTHORIZED TO ADMINISTER  ANY
 PUBLIC HOUSING PROGRAM (OR AN AGENCY OR INSTRUMENTALITY OF SUCH AN ENTI-
 TY),  AND ANY OTHER PUBLIC OR PRIVATE NON-PROFIT ENTITY THAT ADMINISTERS
 ANY OTHER PUBLIC HOUSING PROGRAM OR ASSISTANCE.
   4. "SECTION 8 LOCAL ADMINISTRATOR" MEANS A PUBLIC HOUSING AGENCY  THAT
 ADMINISTERS THE SECTION 8 HOUSING CHOICE VOUCHER PROGRAM UNDER SECTION 8
 OF  THE  UNITED STATES HOUSING ACT OF 1937 WITHIN A COMMUNITY, COUNTY OR
 REGION, OR STATEWIDE, ON BEHALF OF AND UNDER CONTRACT WITH  THE  HOUSING
 TRUST FUND CORPORATION.
   5. "HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR" MEANS A PUBLIC HOUSING
 AGENCY,  AS  DEFINED  IN SUBDIVISION THREE OF THIS SECTION, OR SECTION 8
 LOCAL ADMINISTRATOR DESIGNATED TO ADMINISTER THE HOUSING ACCESS  VOUCHER
 PROGRAM WITHIN A COMMUNITY, COUNTY OR REGION, OR STATEWIDE, ON BEHALF OF
 AND UNDER CONTRACT WITH THE HOUSING TRUST FUND CORPORATION.  IN THE CITY
 OF NEW YORK, THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL BE THE
 S. 3006--B                         138

 NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT, OR THE
 NEW YORK CITY HOUSING AUTHORITY, OR BOTH.
   6.  "FAMILY"  MEANS  A  GROUP OF PERSONS RESIDING TOGETHER. SUCH GROUP
 INCLUDES, BUT IS NOT LIMITED TO A FAMILY WITH  OR  WITHOUT  CHILDREN  (A
 CHILD  WHO  IS  TEMPORARILY  AWAY  FROM THE HOME BECAUSE OF PLACEMENT IN
 FOSTER CARE IS CONSIDERED A MEMBER  OF  THE  FAMILY)  OR  ANY  REMAINING
 MEMBERS  OF  A TENANT FAMILY. THE COMMISSIONER SHALL HAVE THE DISCRETION
 TO DETERMINE IF ANY OTHER GROUP OF PERSONS QUALIFIES AS A FAMILY.
   7. "OWNER" MEANS ANY PRIVATE PERSON OR ANY ENTITY, INCLUDING A COOPER-
 ATIVE, AN AGENCY OF THE FEDERAL GOVERNMENT, OR A PUBLIC HOUSING  AGENCY,
 HAVING THE LEGAL RIGHT TO LEASE OR SUBLEASE DWELLING UNITS.
   8. "DWELLING UNIT" MEANS  A SINGLE-FAMILY DWELLING, INCLUDING ATTACHED
 STRUCTURES  SUCH AS PORCHES AND STOOPS; OR A SINGLE-FAMILY DWELLING UNIT
 IN A STRUCTURE THAT CONTAINS MORE THAN ONE SEPARATE RESIDENTIAL DWELLING
 UNIT, AND IN WHICH EACH SUCH UNIT IS USED OR OCCUPIED, OR INTENDED TO BE
 USED OR OCCUPIED, IN WHOLE OR IN PART, AS THE RESIDENCE OF ONE  OR  MORE
 PERSONS.
   9. "INCOME" SHALL MEAN THE SAME AS IT IS DEFINED BY 24 CFR § 5.609 AND
 ANY AMENDMENTS THERETO.
   10. "ADJUSTED INCOME" SHALL MEAN THE SAME AS IT IS DEFINED BY 24 CFR §
 5.611 AND ANY AMENDMENTS THERETO.
   11.  "REASONABLE  RENT"  MEANS  RENT NOT MORE THAN THE RENT CHARGED ON
 COMPARABLE UNITS IN THE PRIVATE UNASSISTED MARKET AND RENT  CHARGED  FOR
 COMPARABLE UNASSISTED UNITS IN THE PREMISES.
   12. "FAIR MARKET RENT" MEANS THE FAIR MARKET RENT FOR EACH RENTAL AREA
 AS  PROMULGATED  ANNUALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND
 URBAN DEVELOPMENT PURSUANT TO 42 U.S.C. 1437F.
   13. "VOUCHER" MEANS A DOCUMENT ISSUED BY THE HOUSING TRUST FUND CORPO-
 RATION PURSUANT TO THIS ARTICLE TO AN INDIVIDUAL OR FAMILY SELECTED  FOR
 ADMISSION  TO  THE  HOUSING ACCESS VOUCHER PROGRAM, WHICH DESCRIBES SUCH
 PROGRAM AND THE PROCEDURES FOR APPROVAL OF A UNIT SELECTED BY THE FAMILY
 AND STATES THE  OBLIGATIONS  OF  THE  INDIVIDUAL  OR  FAMILY  UNDER  THE
 PROGRAM.
   14.  "LEASE"  MEANS  A WRITTEN AGREEMENT BETWEEN AN OWNER AND A TENANT
 FOR THE LEASING OF A DWELLING UNIT TO THE TENANT. THE LEASE  ESTABLISHES
 THE  CONDITIONS  FOR  OCCUPANCY OF THE DWELLING UNIT BY AN INDIVIDUAL OR
 FAMILY WITH HOUSING ASSISTANCE PAYMENTS UNDER  A  CONTRACT  BETWEEN  THE
 OWNER AND THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR.
   15. "DEPENDENT" MEANS ANY MEMBER OF THE FAMILY WHO IS NEITHER THE HEAD
 OF HOUSEHOLD, NOR THE HEAD OF THE HOUSEHOLD'S SPOUSE, AND WHO IS:
   (A) UNDER THE AGE OF EIGHTEEN;
   (B) A PERSON WITH A DISABILITY; OR
   (C) A FULL-TIME STUDENT.
   16. "ELDERLY" MEANS A PERSON SIXTY-TWO YEARS OF AGE OR OLDER.
   17. "CHILD CARE EXPENSES" MEANS EXPENSES RELATING TO THE CARE OF CHIL-
 DREN UNDER THE AGE OF THIRTEEN.
   18.  "SEVERELY RENT BURDENED" MEANS THOSE INDIVIDUALS AND FAMILIES WHO
 PAY MORE THAN FIFTY PERCENT OF THEIR INCOME IN RENT AS  DEFINED  BY  THE
 UNITED STATES CENSUS BUREAU.
   19. "DISABILITY" MEANS:
   (A)  THE  INABILITY  TO  ENGAGE IN ANY SUBSTANTIAL GAINFUL ACTIVITY BY
 REASON OF ANY MEDICALLY DETERMINABLE PHYSICAL OR MENTAL IMPAIRMENT WHICH
 CAN BE EXPECTED TO RESULT IN  DEATH  OR  WHICH  HAS  LASTED  OR  CAN  BE
 EXPECTED TO LAST FOR A CONTINUOUS PERIOD OF NOT LESS THAN TWELVE MONTHS;
 OR
 S. 3006--B                         139
 
   (B)  IN  THE  CASE OF AN INDIVIDUAL WHO HAS ATTAINED THE AGE OF FIFTY-
 FIVE AND IS BLIND, THE INABILITY BY REASON OF SUCH BLINDNESS  TO  ENGAGE
 IN SUBSTANTIAL GAINFUL ACTIVITY REQUIRING SKILLS OR ABILITIES COMPARABLE
 TO  THOSE  OF ANY GAINFUL ACTIVITY IN WHICH THEY HAVE PREVIOUSLY ENGAGED
 WITH SOME REGULARITY AND OVER A SUBSTANTIAL PERIOD OF TIME; OR
   (C) A PHYSICAL, MENTAL, OR EMOTIONAL IMPAIRMENT WHICH:
   (I) IS EXPECTED TO BE OF LONG-CONTINUED AND INDEFINITE DURATION;
   (II)  SUBSTANTIALLY  IMPEDES HIS OR HER ABILITY TO LIVE INDEPENDENTLY;
 AND
   (III) IS OF SUCH A NATURE THAT SUCH ABILITY COULD BE IMPROVED BY  MORE
 SUITABLE HOUSING CONDITIONS; OR
   (D) A DEVELOPMENTAL DISABILITY THAT IS A SEVERE, CHRONIC DISABILITY OF
 AN INDIVIDUAL THAT:
   (I)  IS ATTRIBUTABLE TO A MENTAL OR PHYSICAL IMPAIRMENT OR COMBINATION
 OF MENTAL AND PHYSICAL IMPAIRMENTS;
   (II) IS MANIFESTED BEFORE THE INDIVIDUAL ATTAINS AGE TWENTY-TWO;
   (III) IS LIKELY TO CONTINUE INDEFINITELY;
   (IV) RESULTS IN SUBSTANTIAL FUNCTIONAL LIMITATIONS IN THREE OR MORE OF
 THE FOLLOWING AREAS OF MAJOR LIFE ACTIVITY:
   (A) SELF-CARE;
   (B) RECEPTIVE AND EXPRESSIVE LANGUAGE;
   (C) LEARNING;
   (D) MOBILITY;
   (E) SELF-DIRECTION;
   (F) CAPACITY FOR INDEPENDENT LIVING; OR
   (G) ECONOMIC SELF-SUFFICIENCY; AND
   (V) REFLECTS THE INDIVIDUAL'S NEED FOR A COMBINATION AND  SEQUENCE  OF
 SPECIAL,   INTERDISCIPLINARY,   OR   GENERIC   SERVICES,  INDIVIDUALIZED
 SUPPORTS, OR OTHER FORMS OF ASSISTANCE THAT ARE OF LIFELONG OR  EXTENDED
 DURATION AND ARE INDIVIDUALLY PLANNED AND COORDINATED.
   § 607. HOUSING  ACCESS  VOUCHER  PROGRAM. THE COMMISSIONER, SUBJECT TO
 THE APPROPRIATION OF FUNDS FOR THIS PURPOSE, SHALL IMPLEMENT  A  PROGRAM
 OF  RENTAL ASSISTANCE IN THE FORM OF HOUSING VOUCHERS FOR ELIGIBLE INDI-
 VIDUALS AND FAMILIES WHO ARE HOMELESS OR WHO FACE AN  IMMINENT  LOSS  OF
 HOUSING  IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.  THE HOUSING
 TRUST FUND CORPORATION SHALL ISSUE VOUCHERS PURSUANT  TO  THIS  ARTICLE,
 SUBJECT  TO  APPROPRIATION  OF  FUNDS FOR THIS PURPOSE, AND MAY CONTRACT
 WITH THE DIVISION OF HOUSING AND COMMUNITY  RENEWAL  TO  ADMINISTER  ANY
 ASPECT  OF  THIS PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTI-
 CLE. THE COMMISSIONER  SHALL  DESIGNATE  HOUSING  ACCESS  VOUCHER  LOCAL
 ADMINISTRATORS  IN THE STATE TO MAKE VOUCHERS AVAILABLE TO SUCH INDIVID-
 UALS AND FAMILIES AND TO ADMINISTER OTHER  ASPECTS  OF  THE  PROGRAM  IN
 ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
   § 608. ELIGIBILITY.  THE  COMMISSIONER  SHALL PROMULGATE STANDARDS FOR
 DETERMINING ELIGIBILITY FOR ASSISTANCE UNDER THIS  PROGRAM.  INDIVIDUALS
 AND  FAMILIES  WHO  MEET  THE  STANDARDS SHALL BE ELIGIBLE REGARDLESS OF
 IMMIGRATION STATUS. ELIGIBILITY SHALL  BE  LIMITED  TO  INDIVIDUALS  AND
 FAMILIES  WHO  ARE  HOMELESS OR FACING IMMINENT LOSS OF HOUSING. HOUSING
 ACCESS VOUCHER LOCAL ADMINISTRATORS MAY RELY ON A CERTIFICATION  FROM  A
 SOCIAL  SERVICES  PROVIDER  SERVING HOMELESS INDIVIDUALS, INCLUDING, BUT
 NOT LIMITED TO, HOMELESS SHELTERS  TO  DETERMINE  WHETHER  AN  APPLICANT
 QUALIFIES AS A HOMELESS INDIVIDUAL OR FAMILY.
   1.  AN INDIVIDUAL OR FAMILY SHALL BE ELIGIBLE FOR THIS PROGRAM IF THEY
 ARE HOMELESS OR FACING IMMINENT LOSS OF HOUSING AND HAVE AN INCOME OF NO
 MORE THAN FIFTY PERCENT OF THE AREA MEDIAN INCOME,  AS  DEFINED  BY  THE
 UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
 S. 3006--B                         140
 
   2. AN INDIVIDUAL OR FAMILY IN RECEIPT OF RENTAL ASSISTANCE PURSUANT TO
 THIS PROGRAM SHALL BE NO LONGER FINANCIALLY ELIGIBLE FOR SUCH ASSISTANCE
 UNDER  THIS  PROGRAM WHEN THIRTY PERCENT OF THE INDIVIDUAL'S OR FAMILY'S
 ADJUSTED INCOME IS GREATER THAN OR EQUAL  TO  THE  TOTAL  RENT  FOR  THE
 DWELLING UNIT.
   3.  WHEN  AN  INDIVIDUAL  OR FAMILY BECOMES FINANCIALLY INELIGIBLE FOR
 RENTAL ASSISTANCE UNDER THIS PROGRAM PURSUANT TO SUBDIVISION TWO OF THIS
 SECTION, THE INDIVIDUAL OR FAMILY SHALL RETAIN RENTAL ASSISTANCE  FOR  A
 PERIOD  NO  SHORTER THAN ONE YEAR, SUBJECT TO APPROPRIATION OF FUNDS FOR
 THIS PURPOSE.
   4. INCOME ELIGIBILITY SHALL BE VERIFIED  PRIOR  TO  A  HOUSING  ACCESS
 VOUCHER  LOCAL  ADMINISTRATOR'S  INITIAL DETERMINATION TO PROVIDE RENTAL
 ASSISTANCE FOR THIS PROGRAM AND UPON DETERMINATION OF SUCH  ELIGIBILITY,
 AN  INDIVIDUAL  OR  FAMILY  SHALL  ANNUALLY CERTIFY THEIR INCOME FOR THE
 PURPOSE OF DETERMINING CONTINUED ELIGIBILITY AND ANY ADJUSTMENTS TO SUCH
 RENTAL ASSISTANCE.
   5. THE  COMMISSIONER MAY COLLABORATE WITH THE OFFICE OF TEMPORARY  AND
 DISABILITY ASSISTANCE AND OTHER STATE AND CITY AGENCIES TO ALLOW A HOUS-
 ING  ACCESS VOUCHER LOCAL ADMINISTRATOR TO ACCESS INCOME INFORMATION FOR
 THE PURPOSE OF DETERMINING  AN  INDIVIDUAL'S  OR  FAMILY'S  INITIAL  AND
 CONTINUED ELIGIBILITY FOR THE PROGRAM.
   6.  REVIEWS OF INCOME SHALL BE MADE NO LESS FREQUENTLY THAN ANNUALLY.
   § 609. FUNDING  ALLOCATION  AND  DISTRIBUTION. 1. SUBJECT TO APPROPRI-
 ATION, FUNDING SHALL BE ALLOCATED BY THE  COMMISSIONER  IN  EACH  COUNTY
 EXCEPT  FOR  THOSE  COUNTIES  LOCATED  WITHIN  THE CITY OF NEW YORK, THE
 INITIAL ALLOCATION SHALL BE IN PROPORTION TO THE NUMBER OF HOUSEHOLDS IN
 EACH COUNTY OR THE CITY OF NEW YORK WHO ARE SEVERELY RENT BURDENED BASED
 ON DATA PUBLISHED BY THE UNITED STATES CENSUS BUREAU.  FUNDING FOR COUN-
 TIES LOCATED WITHIN THE CITY OF NEW YORK SHALL BE ALLOCATED DIRECTLY  TO
 THE  NEW  YORK  CITY  DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT
 AND/OR THE NEW YORK CITY HOUSING AUTHORITY, AS APPROPRIATE,  IN  PROPOR-
 TION  TO  THE  NUMBER  OF HOUSEHOLDS IN NEW YORK CITY AS COMPARED TO THE
 REST OF THE STATE OF NEW YORK WHO ARE SEVERELY RENT  BURDENED  BASED  ON
 DATA PUBLISHED BY THE UNITED STATES CENSUS BUREAU.
   2.  THE  COMMISSIONER  SHALL BE RESPONSIBLE FOR DISTRIBUTING THE FUNDS
 ALLOCATED IN EACH COUNTY NOT LOCATED WITHIN THE CITY OF NEW  YORK  AMONG
 HOUSING  ACCESS VOUCHER LOCAL ADMINISTRATORS OPERATING IN EACH COUNTY OR
 IN THE CITY OF NEW YORK.
   3. PRIORITY SHALL BE GIVEN TO APPLICANTS WHO ARE HOMELESS. THE COMMIS-
 SIONER SHALL HAVE THE DISCRETION  TO  ESTABLISH  FURTHER  PRIORITIES  AS
 APPROPRIATE.
   4. UP TO TEN PERCENT OF THE FUNDS ALLOCATED MAY BE USED BY THE COMMIS-
 SIONER  AND  THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR FOR ADMINIS-
 TRATIVE EXPENSES ATTRIBUTABLE TO ADMINISTERING THE HOUSING ACCESS VOUCH-
 ER PROGRAM.
   § 610. PAYMENT OF HOUSING VOUCHERS. 1. THE HOUSING  VOUCHER  SHALL  BE
 PAID  DIRECTLY  TO  ANY  OWNER UNDER A CONTRACT BETWEEN THE OWNER OF THE
 DWELLING UNIT TO BE OCCUPIED BY THE VOUCHER RECIPIENT AND THE  APPROPRI-
 ATE  HOUSING  ACCESS VOUCHER LOCAL ADMINISTRATOR. THE COMMISSIONER SHALL
 DETERMINE THE FORM OF THE HOUSING ASSISTANCE PAYMENT  CONTRACT  AND  THE
 METHOD  OF  PAYMENT.  A HOUSING ASSISTANCE PAYMENT CONTRACT ENTERED INTO
 PURSUANT TO THIS SECTION SHALL ESTABLISH THE PAYMENT STANDARD (INCLUDING
 UTILITIES AND ALL MAINTENANCE AND MANAGEMENT CHARGES) WHICH THE OWNER IS
 ENTITLED TO RECEIVE FOR EACH DWELLING UNIT WITH RESPECT  TO  WHICH  SUCH
 ASSISTANCE  PAYMENTS  ARE  TO  BE  MADE.  THE PAYMENT STANDARD SHALL NOT
 EXCEED ONE HUNDRED TWENTY PERCENT NOR BE LESS THAN NINETY PERCENT OF THE
 S. 3006--B                         141
 
 FAIR MARKET RENT FOR THE RENTAL AREA IN  WHICH  IT  IS  LOCATED.    FAIR
 MARKET RENT SHALL BE DETERMINED PURSUANT TO THE PROCEDURES AND STANDARDS
 AS SET FORTH IN THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM, AS SET FORTH
 IN THE APPLICABLE SECTIONS OF PART 888 OF TITLE 24 OF THE CODE OF FEDER-
 AL  REGULATIONS.   FAIR MARKET RENT FOR A RENTAL AREA SHALL BE PUBLISHED
 NOT LESS THAN ANNUALLY BY THE COMMISSIONER AND SHALL BE  MADE  AVAILABLE
 ON THE WEBSITE OF NEW YORK STATE HOMES AND COMMUNITY RENEWAL.
   2.  A  HOUSING  ASSISTANCE  PAYMENT  CONTRACT ENTERED INTO PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION MAY PROVIDE FOR AN INITIAL PAYMENT OF UP
 TO FIVE MONTHS OF RENT ARREARS THAT HAVE ACCRUED DURING PRIOR  OCCUPANCY
 OF  A DWELLING UNIT BY A VOUCHER RECIPIENT IF SUCH PAYMENT OF ARREARS IS
 NECESSARY TO CONTINUE SUCH VOUCHER RECIPIENT'S OCCUPANCY OF SUCH  DWELL-
 ING UNIT, AND THEREBY PREVENT IMMINENT LOSS OF HOUSING.
   § 611. LEASES  AND  TENANCY.  EACH HOUSING ASSISTANCE PAYMENT CONTRACT
 ENTERED INTO BY A HOUSING ACCESS VOUCHER  LOCAL  ADMINISTRATOR  AND  THE
 OWNER OF A DWELLING UNIT SHALL PROVIDE:
   1. THAT THE LEASE BETWEEN THE TENANT AND THE OWNER SHALL BE FOR A TERM
 OF  NOT LESS THAN ONE YEAR, EXCEPT THAT THE HOUSING ACCESS VOUCHER LOCAL
 ADMINISTRATOR MAY APPROVE A SHORTER TERM FOR AN  INITIAL  LEASE  BETWEEN
 THE  TENANT  AND  THE  DWELLING UNIT OWNER IF THE HOUSING ACCESS VOUCHER
 LOCAL ADMINISTRATOR DETERMINES THAT  SUCH  SHORTER  TERM  WOULD  IMPROVE
 HOUSING OPPORTUNITIES FOR THE TENANT AND IF SUCH SHORTER TERM IS CONSID-
 ERED TO BE A PREVAILING LOCAL MARKET PRACTICE;
   2. THAT THE DWELLING UNIT OWNER SHALL OFFER LEASES TO TENANTS ASSISTED
 UNDER THIS ARTICLE THAT:
   (A)  ARE  IN A STANDARD FORM USED IN THE LOCALITY BY THE DWELLING UNIT
 OWNER; AND
   (B) CONTAIN TERMS AND CONDITIONS THAT:
   (I) ARE CONSISTENT WITH STATE AND LOCAL LAW; AND
   (II) APPLY GENERALLY TO TENANTS IN THE PROPERTY WHO ARE  NOT  ASSISTED
 UNDER THIS ARTICLE;
   (C)  SHALL  PROVIDE THAT DURING THE TERM OF THE LEASE, THE OWNER SHALL
 NOT TERMINATE THE TENANCY EXCEPT FOR SERIOUS OR  REPEATED  VIOLATION  OF
 THE TERMS AND CONDITIONS OF THE LEASE, FOR VIOLATION OF APPLICABLE STATE
 OR  LOCAL  LAW,  OR FOR OTHER GOOD CAUSE, INCLUDING, BUT NOT LIMITED TO,
 THE NON-PAYMENT OF THE TENANT'S PORTION OF THE RENT  OWED,  AND  IN  THE
 CASE  OF  AN OWNER WHO IS AN IMMEDIATE SUCCESSOR IN INTEREST PURSUANT TO
 FORECLOSURE DURING THE TERM OF THE LEASE VACATING THE PROPERTY PRIOR  TO
 SALE  SHALL  NOT  CONSTITUTE OTHER GOOD CAUSE, EXCEPT THAT THE OWNER MAY
 TERMINATE THE TENANCY EFFECTIVE ON THE DATE OF TRANSFER OF THE  UNIT  TO
 THE OWNER IF THE OWNER:
   (I) WILL OCCUPY THE UNIT AS A PRIMARY RESIDENCE; AND
   (II)  HAS  PROVIDED THE TENANT A NOTICE TO VACATE AT LEAST NINETY DAYS
 BEFORE THE EFFECTIVE DATE OF SUCH NOTICE;
   (D) SHALL PROVIDE THAT ANY TERMINATION OF TENANCY UNDER  THIS  SECTION
 SHALL BE PRECEDED BY THE PROVISION OF WRITTEN NOTICE BY THE OWNER TO THE
 TENANT  SPECIFYING  THE GROUNDS FOR THAT ACTION, AND ANY RELIEF SHALL BE
 CONSISTENT WITH APPLICABLE STATE AND LOCAL LAW;
   3. THAT ANY UNIT UNDER AN ASSISTANCE CONTRACT  ORIGINATED  UNDER  THIS
 ARTICLE SHALL ONLY BE OCCUPIED BY THE INDIVIDUAL OR FAMILY DESIGNATED IN
 SAID CONTRACT AND SHALL BE THE DESIGNATED INDIVIDUAL OR FAMILY'S PRIMARY
 RESIDENCE.  CONTRACTS  SHALL NOT BE TRANSFERABLE BETWEEN UNITS AND SHALL
 NOT BE TRANSFERABLE BETWEEN  RECIPIENTS.  A  FAMILY  OR  INDIVIDUAL  MAY
 TRANSFER THEIR VOUCHER TO A DIFFERENT UNIT UNDER A NEW CONTRACT PURSUANT
 TO THIS ARTICLE;
 S. 3006--B                         142

   4.  THAT  AN  OWNER  SHALL  NOT  CHARGE MORE THAN A REASONABLE RENT AS
 DEFINED IN SECTION SIX HUNDRED SIX OF THIS ARTICLE.
   § 612. RENTAL  OBLIGATION.  THE MONTHLY RENTAL OBLIGATION FOR AN INDI-
 VIDUAL OR FAMILY RECEIVING HOUSING ASSISTANCE PURSUANT  TO  THE  HOUSING
 ACCESS VOUCHER PROGRAM SHALL BE THE GREATER OF:
   1.  THIRTY  PERCENT  OF  THE  MONTHLY ADJUSTED INCOME OF THE FAMILY OR
 INDIVIDUAL; OR
   2. IF THE FAMILY OR  INDIVIDUAL  IS  RECEIVING  PAYMENTS  FOR  WELFARE
 ASSISTANCE  FROM  A PUBLIC AGENCY AND A PART OF THOSE PAYMENTS, ADJUSTED
 IN ACCORDANCE WITH THE ACTUAL HOUSING COSTS OF THE  FAMILY,  IS  SPECIF-
 ICALLY  DESIGNATED BY THAT AGENCY TO MEET THE HOUSING COSTS OF THE FAMI-
 LY, THE PORTION OF THOSE PAYMENTS THAT IS SO DESIGNATED. THESE  PAYMENTS
 INCLUDE,  BUT  ARE  NOT  LIMITED  TO  ANY  SHELTER ASSISTANCE OR HOUSING
 ASSISTANCE ADMINISTERED BY ANY FEDERAL, STATE OR LOCAL AGENCY.
   § 613. MONTHLY ASSISTANCE  PAYMENT.  1.  THE  AMOUNT  OF  THE  MONTHLY
 ASSISTANCE  PAYMENT  WITH  RESPECT  TO  ANY  DWELLING  UNIT SHALL BE THE
 DIFFERENCE BETWEEN THE MAXIMUM MONTHLY RENT WHICH THE CONTRACT  PROVIDES
 THAT THE OWNER IS TO RECEIVE FOR THE UNIT AND THE RENT THE INDIVIDUAL OR
 FAMILY IS REQUIRED TO PAY UNDER SECTION SIX HUNDRED TWELVE OF THIS ARTI-
 CLE.
   2.  THE COMMISSIONER SHALL ESTABLISH MAXIMUM RENT LEVELS FOR DIFFERENT
 SIZED RENTALS IN EACH RENTAL AREA IN A MANNER THAT PROMOTES THE  USE  OF
 THE  PROGRAM  IN  ALL  LOCALITIES  BASED  ON THE FAIR MARKET RENT OF THE
 RENTAL AREA. RENTAL AREAS SHALL BE DETERMINED BY THE  COMMISSIONER.  THE
 COMMISSIONER  MAY  RELY  ON DATA OR OTHER INFORMATION PROMULGATED BY ANY
 OTHER STATE OR FEDERAL AGENCY IN DETERMINING THE RENTAL AREAS  AND  FAIR
 MARKET RENT.
   3.  THE  PAYMENT  STANDARD  FOR EACH SIZE OF DWELLING UNIT IN A RENTAL
 AREA SHALL NOT BE LESS THAN NINETY PERCENT  AND  SHALL  NOT  EXCEED  ONE
 HUNDRED  TWENTY  PERCENT  OF THE FAIR MARKET RENT ESTABLISHED IN SECTION
 SIX HUNDRED SIX OF THIS ARTICLE FOR THE SAME SIZE OF  DWELLING  UNIT  IN
 THE SAME RENTAL AREA, EXCEPT THAT THE COMMISSIONER SHALL NOT BE REQUIRED
 AS A RESULT OF A REDUCTION IN THE FAIR MARKET RENT TO REDUCE THE PAYMENT
 STANDARD  APPLIED  TO  A FAMILY CONTINUING TO RESIDE IN A UNIT FOR WHICH
 THE FAMILY WAS RECEIVING ASSISTANCE UNDER THIS ARTICLE AT THE  TIME  THE
 FAIR MARKET RENT WAS REDUCED.
   § 614. INSPECTION  OF  UNITS.   INSPECTION OF UNITS SHALL BE CONDUCTED
 PURSUANT TO THE PROCEDURES AND STANDARDS OF THE FEDERAL  HOUSING  CHOICE
 VOUCHER  PROGRAM, AS SET FORTH IN THE APPLICABLE SECTIONS OF PART 982 OF
 TITLE 24 OF THE CODE OF FEDERAL REGULATIONS.
   § 615. RENT. 1. THE RENT  FOR  DWELLING  UNITS  FOR  WHICH  A  HOUSING
 ASSISTANCE  PAYMENT  CONTRACT IS ESTABLISHED UNDER THIS ARTICLE SHALL BE
 REASONABLE IN COMPARISON WITH  RENTS  CHARGED  FOR  COMPARABLE  DWELLING
 UNITS IN THE PRIVATE, UNASSISTED LOCAL MARKET.
   2.  A  HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR (OR OTHER ENTITY, AS
 PROVIDED IN SECTION SIX HUNDRED SEVENTEEN OF THIS ARTICLE) MAY,  AT  THE
 REQUEST OF AN INDIVIDUAL OR FAMILY RECEIVING ASSISTANCE UNDER THIS ARTI-
 CLE,  ASSIST  THAT INDIVIDUAL OR FAMILY IN NEGOTIATING A REASONABLE RENT
 WITH A DWELLING UNIT OWNER. A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR
 (OR OTHER SUCH ENTITY) SHALL REVIEW THE RENT FOR A UNIT UNDER  CONSIDER-
 ATION  BY  THE  INDIVIDUAL  OR  FAMILY (AND ALL RENT INCREASES FOR UNITS
 UNDER LEASE BY THE INDIVIDUAL OR FAMILY) TO DETERMINE WHETHER  THE  RENT
 (OR  RENT  INCREASE)  REQUESTED BY THE OWNER IS REASONABLE. IF A HOUSING
 ACCESS VOUCHER LOCAL ADMINISTRATOR (OR  OTHER  SUCH  ENTITY)  DETERMINES
 THAT  THE RENT (OR RENT INCREASE) FOR A DWELLING UNIT IS NOT REASONABLE,
 THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR (OR  OTHER  SUCH  ENTITY)
 S. 3006--B                         143
 
 SHALL  NOT  MAKE  HOUSING  ASSISTANCE  PAYMENTS  TO THE OWNER UNDER THIS
 SUBDIVISION WITH RESPECT TO THAT UNIT.
   3.  IF A DWELLING UNIT FOR WHICH A HOUSING ASSISTANCE PAYMENT CONTRACT
 IS ESTABLISHED UNDER THIS ARTICLE IS  EXEMPT  FROM  LOCAL  RENT  CONTROL
 PROVISIONS  DURING  THE  TERM  OF  THAT CONTRACT, THE RENT FOR THAT UNIT
 SHALL BE REASONABLE IN COMPARISON WITH OTHER UNITS IN  THE  RENTAL  AREA
 THAT ARE EXEMPT FROM LOCAL RENT CONTROL PROVISIONS.
   4.  EACH  HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL MAKE TIMELY
 PAYMENT OF ANY AMOUNTS DUE TO A DWELLING UNIT OWNER UNDER THIS  SECTION,
 SUBJECT TO APPROPRIATION OF FUNDS FOR THIS PURPOSE.
   § 616. VACATED  UNITS.  IF  AN ASSISTED FAMILY VACATES A DWELLING UNIT
 FOR WHICH RENTAL ASSISTANCE  IS  PROVIDED  UNDER  A  HOUSING  ASSISTANCE
 PAYMENT  CONTRACT BEFORE THE EXPIRATION OF THE TERM OF THE LEASE FOR THE
 UNIT, RENTAL ASSISTANCE PURSUANT TO SUCH CONTRACT MAY  NOT  BE  PROVIDED
 FOR THE UNIT AFTER THE MONTH DURING WHICH THE UNIT WAS VACATED.
   § 617. LEASING OF UNITS OWNED BY A HOUSING ACCESS VOUCHER LOCAL ADMIN-
 ISTRATOR.  1.  IF  AN  ELIGIBLE INDIVIDUAL OR FAMILY ASSISTED UNDER THIS
 ARTICLE LEASES A DWELLING UNIT (OTHER THAN  A  PUBLIC  HOUSING  DWELLING
 UNIT)  THAT  IS  OWNED  BY  A HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR
 ADMINISTERING  ASSISTANCE  TO  THAT  INDIVIDUAL  OR  FAMILY  UNDER  THIS
 SECTION,  THE  COMMISSIONER  SHALL  REQUIRE  THE  UNIT  OF GENERAL LOCAL
 GOVERNMENT OR ANOTHER ENTITY  APPROVED  BY  THE  COMMISSIONER,  TO  MAKE
 INSPECTIONS  REQUIRED UNDER SECTION SIX HUNDRED FOURTEEN OF THIS ARTICLE
 AND RENT DETERMINATIONS REQUIRED UNDER SECTION SIX  HUNDRED  FIFTEEN  OF
 THIS  ARTICLE.  THE  HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL BE
 RESPONSIBLE FOR ANY EXPENSES OF  SUCH  INSPECTIONS  AND  DETERMINATIONS,
 SUBJECT TO THE APPROPRIATION OF FUNDS FOR THIS PURPOSE.
   2.  FOR  PURPOSES OF THIS SECTION, THE TERM "OWNED BY A HOUSING ACCESS
 VOUCHER LOCAL ADMINISTRATOR" MEANS, WITH RESPECT  TO  A  DWELLING  UNIT,
 THAT THE DWELLING UNIT IS IN A PROJECT THAT IS OWNED BY SUCH ADMINISTRA-
 TOR,  BY  AN  ENTITY  WHOLLY  CONTROLLED  BY SUCH ADMINISTRATOR, OR BY A
 LIMITED LIABILITY COMPANY OR LIMITED PARTNERSHIP IN WHICH SUCH  ADMINIS-
 TRATOR  (OR  AN  ENTITY WHOLLY CONTROLLED BY SUCH ADMINISTRATOR) HOLDS A
 CONTROLLING INTEREST IN THE MANAGING MEMBER OR GENERAL PARTNER. A DWELL-
 ING UNIT SHALL NOT BE DEEMED TO BE OWNED BY  A  HOUSING  ACCESS  VOUCHER
 LOCAL  ADMINISTRATOR  FOR PURPOSES OF THIS SECTION BECAUSE SUCH ADMINIS-
 TRATOR HOLDS A FEE INTEREST AS GROUND LESSOR IN THE  PROPERTY  ON  WHICH
 THE UNIT IS SITUATED, HOLDS A SECURITY INTEREST UNDER A MORTGAGE OR DEED
 OF  TRUST  ON THE UNIT, OR HOLDS A NON-CONTROLLING INTEREST IN AN ENTITY
 WHICH OWNS THE UNIT OR IN THE MANAGING MEMBER OR GENERAL PARTNER  OF  AN
 ENTITY WHICH OWNS THE UNIT.
   § 618. VERIFICATION OF INCOME. THE COMMISSIONER SHALL ESTABLISH PROCE-
 DURES  WHICH  ARE  APPROPRIATE  AND NECESSARY TO ASSURE THAT INCOME DATA
 PROVIDED TO THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR AND OWNERS BY
 INDIVIDUALS AND FAMILIES APPLYING FOR OR RECEIVING ASSISTANCE UNDER THIS
 ARTICLE IS COMPLETE AND ACCURATE. IN ESTABLISHING SUCH  PROCEDURES,  THE
 COMMISSIONER SHALL RANDOMLY, REGULARLY, AND PERIODICALLY SELECT A SAMPLE
 OF FAMILIES TO AUTHORIZE THE COMMISSIONER TO OBTAIN INFORMATION ON THESE
 FAMILIES FOR THE PURPOSE OF INCOME VERIFICATION, OR TO ALLOW THOSE FAMI-
 LIES  TO  PROVIDE  SUCH  INFORMATION  THEMSELVES.  SUCH  INFORMATION MAY
 INCLUDE, BUT IS NOT LIMITED TO,  DATA  CONCERNING  UNEMPLOYMENT  COMPEN-
 SATION  AND  FEDERAL  INCOME TAXATION AND DATA RELATING TO BENEFITS MADE
 AVAILABLE UNDER THE SOCIAL SECURITY ACT, 42 U.S.C. 301 ET SEQ., THE FOOD
 AND NUTRITION ACT OF 2008, 7 U.S.C. 2011 ET SEQ., OR  TITLE  38  OF  THE
 UNITED  STATES  CODE.  ANY  SUCH  INFORMATION  RECEIVED PURSUANT TO THIS
 SECTION SHALL REMAIN CONFIDENTIAL AND SHALL BE USED ONLY FOR THE PURPOSE
 S. 3006--B                         144
 
 OF VERIFYING INCOMES IN ORDER TO DETERMINE  ELIGIBILITY  OF  INDIVIDUALS
 AND  FAMILIES  FOR  BENEFITS  (AND  THE AMOUNT OF SUCH BENEFITS, IF ANY)
 UNDER THIS ARTICLE.
   § 619. DIVISION  OF  AN ASSISTED FAMILY. 1. IN THOSE INSTANCES WHERE A
 FAMILY ASSISTED UNDER THIS ARTICLE BECOMES DIVIDED  INTO  TWO  OTHERWISE
 ELIGIBLE INDIVIDUALS OR FAMILIES DUE TO DIVORCE, LEGAL SEPARATION OR THE
 DIVISION  OF THE FAMILY, WHERE SUCH INDIVIDUALS OR FAMILIES CANNOT AGREE
 AS TO WHICH SUCH INDIVIDUAL OR FAMILY SHOULD  CONTINUE  TO  RECEIVE  THE
 ASSISTANCE,  AND WHERE THERE IS NO DETERMINATION BY A COURT, THE HOUSING
 ACCESS VOUCHER LOCAL ADMINISTRATOR SHALL CONSIDER THE FOLLOWING  FACTORS
 TO  DETERMINE  WHICH  OF THE INDIVIDUALS OR FAMILIES WILL CONTINUE TO BE
 ASSISTED:
   (A) WHICH OF SUCH INDIVIDUALS OR FAMILIES  HAS  CUSTODY  OF  DEPENDENT
 CHILDREN;
   (B)  WHICH  SUCH INDIVIDUAL WAS THE HEAD OF HOUSEHOLD WHEN THE VOUCHER
 WAS INITIALLY ISSUED AS LISTED ON THE INITIAL APPLICATION;
   (C) THE COMPOSITION OF SUCH INDIVIDUALS AND FAMILIES  AND  WHICH  SUCH
 FAMILY INCLUDES ELDERLY OR DISABLED MEMBERS;
   (D)  WHETHER  DOMESTIC  VIOLENCE  WAS  INVOLVED IN THE BREAKUP OF SUCH
 FAMILY;
   (E) WHICH FAMILY MEMBERS REMAIN IN THE UNIT; AND
   (F) RECOMMENDATIONS OF SOCIAL SERVICES PROFESSIONALS.
   2. DOCUMENTATION OF THESE FACTORS WILL BE THE  RESPONSIBILITY  OF  THE
 REQUESTING PARTIES. IF DOCUMENTATION IS NOT PROVIDED, THE HOUSING ACCESS
 VOUCHER  LOCAL  ADMINISTRATOR  WILL TERMINATE ASSISTANCE ON THE BASIS OF
 FAILURE TO PROVIDE INFORMATION NECESSARY FOR A RECERTIFICATION.
   § 620. MAINTENANCE OF EFFORT. ANY FUNDS  MADE  AVAILABLE  PURSUANT  TO
 THIS  ARTICLE  SHALL NOT BE USED TO OFFSET OR REDUCE THE AMOUNT OF FUNDS
 PREVIOUSLY EXPENDED FOR THE SAME OR SIMILAR PROGRAMS IN A PRIOR YEAR  IN
 ANY  COUNTY  OR IN THE CITY OF NEW YORK, BUT SHALL BE USED TO SUPPLEMENT
 ANY PRIOR YEAR'S EXPENDITURES. THE COMMISSIONER MAY GRANT  AN  EXCEPTION
 TO  THIS  REQUIREMENT IF ANY COUNTY, MUNICIPALITY, OR OTHER GOVERNMENTAL
 ENTITY OR PUBLIC BODY CAN AFFIRMATIVELY SHOW THAT SUCH AMOUNT  OF  FUNDS
 PREVIOUSLY  EXPENDED  IS  IN  EXCESS  OF THE AMOUNT NECESSARY TO PROVIDE
 ASSISTANCE TO ALL INDIVIDUALS AND FAMILIES WITHIN THE AREA IN WHICH  THE
 FUNDS  WERE  PREVIOUSLY  EXPENDED WHO ARE HOMELESS OR FACING AN IMMINENT
 LOSS OF HOUSING.
   § 621. VOUCHERS STATEWIDE. NOTWITHSTANDING SECTION SIX HUNDRED  ELEVEN
 OF THIS ARTICLE, ANY VOUCHER ISSUED PURSUANT TO THIS ARTICLE MAY BE USED
 FOR HOUSING ANYWHERE IN THE STATE. THE COMMISSIONER SHALL INFORM VOUCHER
 HOLDERS  THAT  A  VOUCHER  MAY BE USED ANYWHERE IN THE STATE AND, TO THE
 EXTENT PRACTICABLE, THE COMMISSIONER SHALL  ASSIST  VOUCHER  HOLDERS  IN
 FINDING HOUSING IN THE AREA OF THEIR CHOICE.  PROVIDED FURTHER, HOWEVER,
 THAT  A  VOUCHER  MUST  BE USED IN THE COUNTY IN WHICH IT WAS ISSUED, OR
 WITHIN THE CITY OF NEW YORK, IF THE VOUCHER WAS ISSUED WITHIN  THE  CITY
 OF  NEW  YORK,  FOR  NO  LESS  THAN  ONE YEAR BEFORE IT CAN BE USED IN A
 DIFFERENT JURISDICTION, UNLESS THE ISSUING HOUSING ACCESS VOUCHER  LOCAL
 ADMINISTRATOR GRANTS A WAIVER, OR THE VOUCHER HOLDER, OR A FAMILY MEMBER
 THEREOF,  IS  OR  HAS  BEEN  THE  VICTIM  OF  DOMESTIC  VIOLENCE, DATING
 VIOLENCE, SEXUAL ASSAULT, OR STALKING.
   § 622. APPLICABLE CODES. HOUSING ELIGIBLE  FOR  PARTICIPATION  IN  THE
 HOUSING  ACCESS  VOUCHER  PROGRAM SHALL COMPLY WITH APPLICABLE STATE AND
 LOCAL HEALTH, HOUSING, BUILDING AND SAFETY CODES.
   § 623. HOUSING CHOICE. 1. THE COMMISSIONER SHALL ADMINISTER THE  HOUS-
 ING  ACCESS VOUCHER PROGRAM UNDER THIS ARTICLE TO PROMOTE HOUSING CHOICE
 S. 3006--B                         145

 FOR VOUCHER HOLDERS. THE COMMISSIONER SHALL AFFIRMATIVELY  PROMOTE  FAIR
 HOUSING TO THE EXTENT POSSIBLE UNDER THIS PROGRAM.
   2.  NOTHING  IN  THIS ARTICLE SHALL LESSEN OR ABRIDGE ANY FAIR HOUSING
 OBLIGATIONS PROMULGATED BY  MUNICIPALITIES,  LOCALITIES,  OR  ANY  OTHER
 APPLICABLE JURISDICTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule, regulation, plan or guidance document necessary  for
 the  implementation  of this act on its effective date are authorized to
 be made and completed on or before such effective date; provided further
 that any rule, regulation, plan or guidance document shall apply only to
 those counties located outside of the city of New  York.  The  New  York
 city department of housing preservation and development and the New York
 city  housing  authority,  as  applicable,  shall  promulgate or release
 rules, regulations, plans or guidance documents  as  necessary  for  the
 implementation of this act within the city of New York.
 
                                 PART DDD
 
   Section 1. Section 200 of the workers' compensation law, as amended by
 section  1  of  part SS of chapter 54 of the laws of 2016, is amended to
 read as follows:
   § 200. Short title. This article shall be known and may  be  cited  as
 the  "disability  [benefits  law]  and  [the] paid family leave benefits
 law."
   § 2. Subdivisions 14, 15 and 22 of section 201 of the workers' compen-
 sation law,  subdivision 14 as amended and subdivisions  15  and  22  as
 added  by  section  2  of part SS of chapter 54 of the laws of 2016, are
 amended to read as follows:
   14. "A day of disability" means any day  on  which  the  employee  was
 prevented from performing work because of disability[, including any day
 which  the  employee  uses for family leave,] and for which the employee
 has not received [his or her] THE EMPLOYEE'S regular remuneration.
   15. "Family leave" shall mean any leave  taken  by  an  employee  from
 work:    (a)  to  participate  in  providing care, including physical or
 psychological care, for a family member of the employee  made  necessary
 by  a serious health condition of the family member; or (b) to bond with
 the employee's child during the first twelve months  after  the  child's
 birth,  or  the first twelve months after the placement of the child for
 adoption or foster care with the employee OR ON OR AFTER JANUARY  FIRST,
 TWO  THOUSAND  TWENTY-SIX  UNTIL JANUARY FIRST, TWO THOUSAND THIRTY, FOR
 THE SIX WEEKS IMMEDIATELY FOLLOWING A STILLBIRTH; or (c) because of  any
 qualifying  exigency  as  interpreted under the family and medical leave
 act, 29 U.S.C.S § 2612(a)(1)(e)  and  29  C.F.R.  S.825.126[(a)(1)-(8)],
 arising  out  of  the  fact that the spouse, domestic partner, child, or
 parent of the employee is on active duty (or has  been  notified  of  an
 impending  call  or  order  to  active  duty) in the armed forces of the
 United States.
   22. "Health care provider" shall  mean  for  the  purpose  of  [family
 leave]  THIS  ARTICLE, a person licensed under article one hundred thir-
 ty-one, one hundred thirty-one-B, one hundred  thirty-two,  one  hundred
 thirty-three,  one  hundred  thirty-six,  one  hundred  thirty-nine, one
 hundred forty-one, one hundred forty-three, one hundred forty-four,  one
 hundred  fifty-three,  one  hundred fifty-four, one hundred fifty-six or
 one hundred fifty-nine of the education law or a person  licensed  under
 S. 3006--B                         146
 
 the public health law, article one hundred forty of the education law or
 article one hundred sixty-three of the education law.
   §  3.  Section  203-a  of  the  workers' compensation law, as added by
 section 4 of part SS of chapter 54 of the laws of 2016,  is  amended  to
 read as follows:
   §  203-a.  Retaliatory  action  prohibited  for [family] leave. 1. The
 provisions of section one hundred twenty of this chapter and section two
 hundred forty-one of this article shall  be  applicable  to  family  AND
 DISABILITY leave.
   2.  Nothing  in  this  section shall be deemed to diminish the rights,
 privileges, or remedies of any employee under any collective  bargaining
 agreement or employment contract.
   §  4.  Section  203-b  of  the  workers' compensation law, as added by
 section 4 of part SS of chapter 54 of the laws of 2016,  is  amended  to
 read as follows:
   § 203-b. Reinstatement following [family] leave. Any eligible employee
 of  a covered employer who takes leave under this article shall be enti-
 tled, on return from such leave, to be restored by the employer  to  the
 position of employment held by the employee when the leave commenced, or
 to be restored to a comparable position with comparable employment bene-
 fits,  pay  and  other terms and conditions of employment. The taking of
 family OR DISABILITY leave shall not result in the loss of  any  employ-
 ment  benefit  accrued  prior  to the date on which the leave commenced.
 Nothing in this section shall  be  construed  to  entitle  any  restored
 employee  to  the accrual of any seniority or employment benefits during
 any period of leave, or any right, benefit  or  position  to  which  the
 employee would have been entitled had the employee not taken the leave.
   §  5.  Section  203-c  of  the  workers' compensation law, as added by
 section 4 of part SS of chapter 54 of the laws of 2016,  is  amended  to
 read as follows:
   §  203-c.   Health insurance during [family] leave. In accordance with
 the Family and Medical Leave Act (29 U.S.C. §§  2601-2654),  during  any
 period  of  family  OR  DISABILITY leave the employer shall maintain any
 existing health benefits of the employee in force for  the  duration  of
 such leave as if the employee had continued to work from the date [he or
 she]  THE  EMPLOYEE  commenced family OR DISABILITY leave until the date
 [he or she] THE EMPLOYEE returns to employment.
   § 6. Section 204 of the  workers'  compensation  law,  as  amended  by
 section  5  of  part SS of chapter 54 of the laws of 2016, is amended to
 read as follows:
   § 204. Disability and family leave during  employment.  1.  Disability
 benefits  shall  be  payable  to  an eligible employee for disabilities,
 beginning with the eighth day of disability and  thereafter  during  the
 continuance  of disability, subject to the limitations as to maximum and
 minimum amounts and duration and other  conditions  and  limitations  in
 this  section  and  in  sections two hundred five and two hundred six of
 this article. Family leave benefits shall  be  payable  to  an  eligible
 employee for the first full day when family leave is required and there-
 after  during  the  continuance of the need for family leave, subject to
 the limitations as to maximum and minimum amounts and duration and other
 conditions and limitations in this section and in sections  two  hundred
 five and two hundred six of this article. Successive periods of disabil-
 ity  or family leave caused by the same or related injury or sickness OR
 QUALIFYING EVENT shall be deemed a single period of disability or family
 leave only if separated by less than three months.
 S. 3006--B                         147
 
   2. (a) The weekly benefit for family leave that occurs (i) on or after
 January first, two thousand eighteen shall not exceed eight weeks during
 any fifty-two week calendar period and shall be  fifty  percent  of  the
 employee's average weekly wage but shall not exceed fifty percent of the
 state  average weekly wage, (ii) on or after January first, two thousand
 nineteen shall not exceed ten weeks during any fifty-two  week  calendar
 period  and shall be fifty-five percent of the employee's average weekly
 wage but shall not exceed fifty-five percent of the state average weekly
 wage, (iii) on or after January first, two  thousand  twenty  shall  not
 exceed  ten weeks during any fifty-two week calendar period and shall be
 sixty percent of the employee's average weekly wage but shall not exceed
 sixty percent of the state average weekly wage, and  (iv)  on  or  after
 January  first  of  each  succeeding year, shall not exceed twelve weeks
 during any fifty-two week  calendar  period  and  shall  be  sixty-seven
 percent  of  the  employee's  average  weekly  wage but shall not exceed
 sixty-seven percent of the New York state average weekly wage in effect.
 The superintendent of financial services shall have discretion to  delay
 the  increases  in  the  family leave benefit level provided in subpara-
 graphs (ii), (iii), and (iv) of this paragraph by one or  more  calendar
 years.  In determining whether to delay the increase in the family leave
 benefit for any year, the superintendent  of  financial  services  shall
 consider:  (1) the current cost to employees of the family leave benefit
 and any expected change in the cost after the benefit increase; (2)  the
 current  number  of  insurers  issuing  insurance policies with a family
 leave benefit and any expected change in the number of insurers  issuing
 such  policies after the benefit increase; (3) the impact of the benefit
 increase on employers' business and the overall stability of the program
 to the extent that information is readily available; (4) the  impact  of
 the  benefit  increase  on the financial stability of the disability and
 family leave insurance market  and  carriers;  and  (5)  any  additional
 factors that the superintendent of financial services deems relevant. If
 the  superintendent  of  financial  services  delays the increase in the
 family leave benefit level for one or more calendar  years,  the  family
 leave  benefit  level  that  shall take effect immediately following the
 delay shall be the same benefit level that would have taken  effect  but
 for  the  delay.  The weekly benefits for family leave that occurs on or
 after January first, two thousand eighteen shall not be  less  than  one
 hundred dollars per week except that if the employee's wages at the time
 of family leave are less than one hundred dollars per week, the employee
 shall  receive  [his  or her] THE EMPLOYEE'S full wages. Benefits may be
 payable to employees for paid family leave taken intermittently  or  for
 less than a full work week in increments of one full day or one fifth of
 the weekly benefit.
   (b)  THE  WEEKLY  BENEFIT  WHICH  THE DISABLED EMPLOYEE IS ENTITLED TO
 RECEIVE FOR THE FIRST TWELVE WEEKS OF DISABILITY COMMENCING: (I)  ON  OR
 AFTER  JANUARY  FIRST,  TWO  THOUSAND  TWENTY-SEVEN  SHALL BE FIFTY-FIVE
 PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED FIFTY
 PERCENT OF THE STATE AVERAGE WEEKLY  WAGE;  (II)  ON  OR  AFTER  JANUARY
 FIRST,  TWO  THOUSAND TWENTY-EIGHT SHALL BE SIXTY PERCENT OF THE EMPLOY-
 EE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED FIFTY-FIVE PERCENT OF  THE
 STATE AVERAGE WEEKLY WAGE; (III) ON OR AFTER JANUARY FIRST, TWO THOUSAND
 TWENTY-NINE  SHALL BE SIXTY-SEVEN PERCENT OF THE EMPLOYEE'S WEEKLY AVER-
 AGE WAGE BUT SHALL NOT EXCEED SIXTY PERCENT OF THE STATE AVERAGE  WEEKLY
 WAGE;  AND (IV) ON OR AFTER JANUARY FIRST OF EACH SUCCEEDING YEAR, SHALL
 BE SIXTY-SEVEN PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE  BUT  SHALL
 NOT  EXCEED  SIXTY-SEVEN  PERCENT OF THE STATE AVERAGE WEEKLY WAGE.  THE
 S. 3006--B                         148
 
 WEEKLY BENEFIT WHICH THE DISABLED EMPLOYEE IS ENTITLED  TO  RECEIVE  FOR
 THE  PERIODS  OF  DISABILITY  AFTER  THE  TWELFTH WEEK OF DISABILITY AND
 THROUGH THE TWENTY-SIXTH WEEK OF DISABILITY ON OR AFTER  JANUARY  FIRST,
 TWO  THOUSAND  TWENTY-SEVEN  AND  EACH  SUCCEEDING  YEAR SHALL BE THIRTY
 PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED THIR-
 TY PERCENT OF THE STATE AVERAGE WEEKLY WAGE.  THE CHAIR OF THE  WORKERS'
 COMPENSATION BOARD, IN CONSULTATION WITH THE SUPERINTENDENT OF FINANCIAL
 SERVICES,  SHALL  HAVE  DISCRETION TO INCREASE THE BENEFIT LEVEL FOR THE
 PERIOD OF DISABILITY AFTER THE TWELFTH WEEK OF  DISABILITY  THROUGH  THE
 TWENTY-SIXTH  WEEK  OF  DISABILITY, PROVIDED THAT SUCH BENEFIT SHALL NOT
 EXCEED SIXTY-SEVEN PERCENT OF THE STATE AVERAGE WEEKLY WAGE.  IN  DETER-
 MINING  WHETHER  TO  INCREASE  THE  DISABILITY BENEFIT FOR ANY YEAR, THE
 CHAIR OF THE WORKERS' COMPENSATION BOARD IN CONSULTATION WITH THE SUPER-
 INTENDENT OF FINANCIAL SERVICES SHALL CONSIDER FACTORS INCLUDING BUT NOT
 LIMITED TO UTILIZATION OF THE CURRENT BENEFIT, THE EXPECTED  UTILIZATION
 OF  ANY  INCREASE, THE NEED FOR A BENEFIT INCREASE, THE CURRENT CONTRIB-
 UTION COST TO EMPLOYEES AND EMPLOYERS AND THE EXPECTED  COST  AFTER  ANY
 SUCH BENEFIT INCREASE; THE CURRENT NUMBER OF INSURERS  ISSUING INSURANCE
 POLICIES   WITH   A  DISABILITY  BENEFIT  AND ANY EXPECTED CHANGE IN THE
 NUMBER OF INSURERS ISSUING  SUCH  POLICIES  AFTER THE BENEFIT  INCREASE;
 AND  ANY  ADDITIONAL FACTORS THAT THE CHAIR OF THE WORKERS' COMPENSATION
 BOARD AND THE SUPERINTENDENT OF FINANCIAL SERVICES DEEMS RELEVANT.   THE
 WEEKLY  BENEFIT  WHICH  THE DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR
 DISABILITY LEAVE THAT OCCURS ON OR AFTER  JANUARY  FIRST,  TWO  THOUSAND
 TWENTY-SEVEN  SHALL NOT BE LESS THAN ONE HUNDRED DOLLARS PER WEEK EXCEPT
 THAT IF THE EMPLOYEE'S WAGES AT THE TIME OF DISABILITY  LEAVE  ARE  LESS
 THAN  ONE  HUNDRED  DOLLARS  PER  WEEK,  THE  EMPLOYEE SHALL RECEIVE THE
 EMPLOYEE'S FULL WAGES. The weekly benefit which the disabled employee is
 entitled to receive for disability commencing on  or  after  May  first,
 nineteen  hundred  eighty-nine  AND PRIOR TO JANUARY FIRST, TWO THOUSAND
 TWENTY-SEVEN shall be one-half of the employee's weekly wage, but in  no
 case  shall such benefit exceed one hundred seventy dollars; except that
 if the employee's average weekly wage is less than twenty  dollars,  the
 benefit  shall be such average weekly wage. The weekly benefit which the
 disabled employee is entitled to receive for disability commencing on or
 after July first, nineteen hundred eighty-four shall be one-half of  the
 employee's  weekly  wage,  but  in no case shall such benefit exceed one
 hundred forty-five dollars; except that if the employee's average weekly
 wage is less than twenty dollars, the  benefit  shall  be  such  average
 weekly  wage. The weekly benefit which the disabled employee is entitled
 to receive for disability commencing on or after  July  first,  nineteen
 hundred  eighty-three  and prior to July first, nineteen hundred eighty-
 four shall be one-half of the employee's average weekly wage, but in  no
 case  shall  such  benefit exceed one hundred thirty-five dollars nor be
 less than twenty dollars; except that if the employee's  average  weekly
 wage is less than twenty dollars the benefit shall be such average week-
 ly  wage.  The weekly benefit which the disabled employee is entitled to
 receive for disability commencing  on  or  after  July  first,  nineteen
 hundred  seventy-four, and prior to July first, nineteen hundred eighty-
 three, shall be one-half of the employee's average weekly wage,  but  in
 no  case  shall such benefit exceed ninety-five dollars nor be less than
 twenty dollars; except that if the employee's  average  weekly  wage  is
 less than twenty dollars, the benefit shall be such average weekly wage.
 The  weekly  benefit  which the disabled employee is entitled to receive
 for disability commencing on  or  after  July  first,  nineteen  hundred
 seventy  and prior to July first, nineteen hundred seventy-four shall be
 S. 3006--B                         149
 
 one-half of the employee's average weekly wage, but  in  no  case  shall
 such  benefit  exceed  seventy-five  dollars  nor  be  less  than twenty
 dollars; except that if the employee's average weekly wage is less  than
 twenty  dollars the benefit shall be such average weekly wage.  [For any
 period of disability less than a full week, the benefits  payable  shall
 be  calculated  by  dividing  the  weekly  benefit  by the number of the
 employee's normal work days per week and multiplying the quotient by the
 number of normal work days in such period of disability.]  BENEFITS  MAY
 BE PAYABLE TO EMPLOYEES FOR DISABILITY LEAVE TAKEN INTERMITTENTLY OR FOR
 LESS THAN A FULL WORK WEEK IN INCREMENTS OF ONE FULL DAY OR ONE-FIFTH OF
 THE  WEEKLY  BENEFIT.  The weekly benefit for a disabled employee who is
 concurrently eligible for benefits in the employment of  more  than  one
 covered  employer shall, within the maximum and minimum herein provided,
 be one-half of the total of the employee's average weekly wages received
 from all such covered employers, and shall be allocated in  the  propor-
 tion of [their] THE EMPLOYEE'S respective average weekly wage payments.
   (C)  PROVIDED THAT THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVISION
 CONCERNING BENEFITS ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN
 AND SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF SUBDIVISION THREE  OF
 SECTION  TWO  HUNDRED  NINE  OF  THIS ARTICLE MAY BE WAIVED BY A COVERED
 EMPLOYER SUBJECT TO A COLLECTIVE BARGAINING AGREEMENT WITH A  BONA  FIDE
 LABOR ORGANIZATION IN EFFECT ON JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN
 FOR  EMPLOYEES  SUBJECT  TO  SUCH  COLLECTIVE BARGAINING AGREEMENT FOR A
 DISABILITY COMMENCING BETWEEN JANUARY FIRST, TWO  THOUSAND  TWENTY-SEVEN
 AND UNTIL JANUARY FIRST, TWO THOUSAND THIRTY; AND PROVIDED THAT FOR SUCH
 WAIVER  TO  BE  VALID, IT SHALL EXPLICITLY REFERENCE THIS SECTION AND BE
 AGREED TO BY THE BONA FIDE  LABOR  ORGANIZATION.  NOTHING  HEREIN  SHALL
 PREVENT A COLLECTIVE BARGAINING AGREEMENT FROM PROVIDING TEMPORARY DISA-
 BILITY BENEFITS GREATER THAN THE BENEFITS REQUIRED HEREIN.
   § 7. Subdivision 2 of section 206 of the workers' compensation law, as
 amended  by  section  7 of part SS of chapter 54 of the laws of 2016, is
 amended to read as follows:
   2. If an employee  who  is  eligible  for  disability  benefits  under
 section  two hundred three or two hundred seven of this article is disa-
 bled and has claimed or subsequently claims workers' compensation  bene-
 fits  under  this  chapter or benefits under the volunteer firefighters'
 benefit law or the volunteer ambulance workers' benefit  law,  and  such
 claim  is  controverted on the ground that the employee's disability was
 not caused by an accident that arose out of and in the course  of  [his]
 THE EMPLOYEE'S employment or by an occupational disease, or by an injury
 in  line of duty as a volunteer firefighter or volunteer ambulance work-
 er, the employee shall be entitled in  the  first  instance  to  receive
 benefits  under this article for [his or her] THE EMPLOYEE'S disability.
 If benefits have been paid under this article in respect to a disability
 alleged to have arisen out of and in the course of the employment or  by
 reason  of  an  occupational  disease, or in line of duty as a volunteer
 firefighter or a volunteer ambulance worker, the employer or carrier  or
 the  chair making such payment may, at any time before award of workers'
 compensation benefits, or volunteer firefighters' benefits or  volunteer
 ambulance  workers'  benefits,  is made, file with the board a claim for
 reimbursement out of the proceeds of such award to the employee for  the
 period  for  which  disability  benefits were paid to the employee under
 this article,  and  shall  have  a  lien  against  the  FULL  award  for
 reimbursement, notwithstanding the provisions of section thirty-three of
 this  chapter  or  section  twenty-three  of the volunteer firefighters'
 benefit law or section twenty-three of the volunteer ambulance  workers'
 S. 3006--B                         150
 
 benefit  law  provided  the  insurance carrier liable for payment of the
 award receives, before such award is made,  a  copy  of  the  claim  for
 reimbursement  from  the  employer, carrier or chair who paid disability
 benefits,  or  provided  the  board's  decision  and  award directs such
 reimbursement therefrom.
   § 8. Paragraph (a) of subdivision 3 of section  209  of  the  workers'
 compensation  law,  as amended by section 10 of part SS of chapter 54 of
 the laws of 2016, is amended to read as follows:
   (a) Disability benefits. (I) The contribution of each such employee to
 the cost of disability benefits provided by this article shall  be  one-
 half  of one per centum of the employee's wages paid to [him or her] THE
 EMPLOYEE on and after July first, nineteen hundred  fifty,  but  not  in
 excess of sixty cents per week.
   (II)  BEGINNING  JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, THE MAXIMUM
 EMPLOYEE CONTRIBUTION THAT A COVERED EMPLOYER IS AUTHORIZED  TO  COLLECT
 FROM  EACH EMPLOYEE FOR THE COST OF DISABILITY BENEFITS PROVIDED BY THIS
 ARTICLE SHALL BE ONE-HALF OF ONE PER CENTUM OF THE EMPLOYEE'S WAGES  BUT
 SHALL  NOT EXCEED TWO DOLLARS AND TWENTY CENTS PER WEEK PROVIDED, HOWEV-
 ER, THAT THE EMPLOYEE CONTRIBUTION SHALL BE PURSUANT TO SUBPARAGRAPH (I)
 OF THIS PARAGRAPH WHERE SUCH EMPLOYEE IS COVERED UNDER PARAGRAPH (C)  OF
 SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THIS ARTICLE.
   (III)  BEGINNING  JANUARY  FIRST,  TWO  THOUSAND  THIRTY,  THE MAXIMUM
 EMPLOYEE CONTRIBUTION THAT A COVERED EMPLOYER IS AUTHORIZED  TO  COLLECT
 FROM  EACH EMPLOYEE FOR THE COST OF DISABILITY BENEFITS PROVIDED BY THIS
 ARTICLE SHALL BE ONE-HALF OF ONE PER CENTUM OF THE EMPLOYEE'S WAGES, BUT
 SHALL NOT EXCEED FORTY PERCENT OF THE AVERAGE OF THE COMBINATION OF  ALL
 EMPLOYEE  AND  EMPLOYER  CONTRIBUTIONS  TO  DISABILITY BENEFITS PROVIDED
 PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR
 OF THIS ARTICLE DURING THE PRIOR CALENDAR YEAR, AS  DETERMINED  ANNUALLY
 BY  THE  SUPERINTENDENT OF FINANCIAL SERVICES PURSUANT TO SUBSECTION (N)
 OF SECTION FOUR THOUSAND TWO HUNDRED THIRTY-FIVE OF THE  INSURANCE  LAW.
 A  SELF-INSURER  SHALL SUBMIT REPORTS TO THE SUPERINTENDENT OF FINANCIAL
 SERVICES FOR THE PURPOSE OF DETERMINING FORTY PERCENT OF THE AVERAGE  OF
 THE COMBINATION OF ALL EMPLOYEE AND EMPLOYER CONTRIBUTIONS TO DISABILITY
 BENEFITS  PROVIDED  PURSUANT  TO  PARAGRAPH  (B)  OF  SUBDIVISION TWO OF
 SECTION TWO HUNDRED FOUR OF THIS ARTICLE DURING THE PRIOR CALENDAR YEAR,
 PURSUANT TO SUBSECTION (N) OF SECTION FOUR THOUSAND TWO HUNDRED  THIRTY-
 FIVE OF THE INSURANCE LAW.
   § 9. The opening paragraph of section 211 of the workers' compensation
 law,  as  amended  by section 12 of part SS of chapter 54 of the laws of
 2016, is amended to read as follows:
   A covered employer, UNLESS PROVIDED WITH A WAIVER PURSUANT TO  SECTION
 204(2)(C),  shall,  with  [his or her] SUCH EMPLOYER'S own contributions
 and the contributions of [his] SUCH EMPLOYER'S employees, provide  disa-
 bility  and  after  January  first,  two thousand eighteen, family leave
 benefits to [his or her] SUCH EMPLOYER'S employees in one or more of the
 following ways:
   § 10. The opening paragraph and subdivision 1 of section  214  of  the
 workers'  compensation law, as amended by section 26 of part GG of chap-
 ter 57 of the laws of 2013, are amended to read as follows:
   There is hereby created a fund which shall be  known  as  the  special
 fund  for disability benefits to provide for the payment of [disability]
 benefits under sections two hundred  seven,  two  hundred  thirteen  and
 attendance fees under section two hundred thirty-two of this article.
   1.  As  promptly  as  practicable after April first, in each year, the
 [chairman] CHAIR shall ascertain the condition of the fund, and if as of
 S. 3006--B                         151
 
 any such date the net assets of the fund shall be one million dollars or
 more below the sum of twelve million dollars, the [chairman] CHAIR shall
 assess and collect an amount sufficient to restore the fund to an amount
 equal to twelve million dollars.[.] Such assessment shall be included in
 the  assessment  rate established pursuant to subdivision two of section
 one hundred fifty-one of this chapter. Such assessments shall be  depos-
 ited  with  the  commissioner of taxation and finance and transferred to
 the benefit of such fund upon payment of debt service, if any,  pursuant
 to section one hundred fifty-one of this chapter.
   §  11.  Subdivision 1 of section 217 of the workers' compensation law,
 as amended by section 16 of part SS  of chapter 54 of the laws of  2016,
 is amended to read as follows:
   1.  Written notice and proof of disability or proof of need for family
 leave shall be furnished to the employer by or on behalf of the employee
 claiming benefits or, in the  case  of  a  claimant  under  section  two
 hundred  seven  of  this article, to the chair, within thirty days after
 commencement of the period of  disability.  Additional  proof  shall  be
 furnished  thereafter  from  time  to time as the employer or carrier or
 chair may require but not more often than once  each  week.  Such  proof
 shall  include  a  statement  of disability by the employee's [attending
 physician or attending podiatrist or attending chiropractor or attending
 dentist or attending psychologist or attending certified  nurse  midwife
 or family leave care recipient's health care provider, or in the case of
 an  employee  who  adheres  to  the  faith or teachings of any church or
 denomination, and who in accordance with its creed, tenets or principles
 depends for healing upon prayer through spiritual  means  alone  in  the
 practice  of  religion,  by  an  accredited  practitioner,]  HEALTH CARE
 PROVIDER containing facts and opinions as to such disability in  compli-
 ance  with  regulations of the chair. Failure to furnish notice or proof
 within the time and in the manner above provided  shall  not  invalidate
 the  claim  but  no benefits shall be required to be paid for any period
 more than two weeks prior to the date on which  the  required  proof  is
 furnished  unless it shall be shown to the satisfaction of the chair not
 to have been reasonably possible to furnish such  notice  or  proof  and
 that  such  notice or proof was furnished as soon as possible; provided,
 however, that no benefits shall be paid unless the  required  proof  [of
 disability] is furnished within the period of actual disability or fami-
 ly  leave  that  does  not exceed the statutory maximum period permitted
 under section two hundred four of this article. No  limitation  of  time
 provided  in this section shall run as against any disabled employee who
 is mentally incompetent,  or  physically  incapable  of  providing  such
 notice as a result of a serious medical condition, or a minor so long as
 such person has no guardian of the person and/or property.
   §  12. Section 218 of the workers' compensation law, as added by chap-
 ter 600 of the laws of 1949, subdivision 2 as amended by chapter 809  of
 the laws of 1985, is amended to read as follows:
   §  218. [Disability benefit] BENEFIT rights inalienable. 1. Any agree-
 ment by an employee to waive [his]  THE  EMPLOYEE'S  rights  under  this
 article shall be void.
   2.  Disability  OR  FAMILY  LEAVE  benefits payable under this article
 shall not be assigned or released, except as provided in  this  article,
 and  shall  be  exempt  from  all  claims  of  creditors  and from levy,
 execution and attachment or other remedy for recovery or collection of a
 debt, which exemption may not be waived  provided,  however,  that  such
 benefits  shall  be  subject to an income execution or order for support
 S. 3006--B                         152
 
 enforcement pursuant to section fifty-two hundred forty-one or fifty-two
 hundred forty-two of the civil practice law and rules.
   §  13.  Section  221  of  the workers' compensation law, as amended by
 section 19 of part SS of chapter 54 of the laws of 2016, is  amended  to
 read as follows:
   §  221.  Determination  of  contested claims for disability and family
 leave benefits. In accordance with regulations  adopted  by  the  chair,
 within  twenty-six  weeks  of  written notice of rejection of claim, the
 employee may file with the chair a notice that [his or her] THE  EMPLOY-
 EE'S  claim  for  disability or family leave benefits has not been paid,
 and the employee shall submit proof  of  disability  or  entitlement  to
 family  leave  and  of [his or her] THE EMPLOYEE'S employment, wages and
 other facts reasonably necessary for  determination  of  the  employee's
 right  to  such  benefits.  Failure  to file such notice within the time
 provided, may be excused if it can be shown not to have been  reasonably
 possible  to  furnish  such notice and that such notice was furnished as
 soon as possible. On demand the  employer  or  carrier  shall  forthwith
 deliver  to  the  board  the  original or a true copy of the health care
 provider's report, wage and employment data and all other  documentation
 in the possession of the employer or carrier with respect to such claim.
   The  chair  or designee, shall have full power and authority to deter-
 mine all issues in relation to every such claim for disability  benefits
 required  or provided under this article, and shall file its decision in
 the office of the [chairman] CHAIR.   Upon such filing,  the  [chairman]
 CHAIR shall send to the parties a copy of the decision. Either party may
 present  evidence  and  be represented by counsel at any hearing on such
 claim. The decision of the board shall be final as to all  questions  of
 fact and, except as provided in section twenty-three of this chapter, as
 to  all  questions  of  law.  Every  decision  shall be complied with in
 accordance with its terms within ten days thereafter except as permitted
 by law upon the filing of a request for review,  and  any  payments  due
 under  such  decision  shall draw simple interest from thirty days after
 the making thereof at the rate provided in section five thousand four of
 the civil practice law and rules. The chair shall adopt rules and  regu-
 lations  to  carry  out the provisions of this article including but not
 limited to resolution of contested claims and requests for review there-
 of, and payment of costs for resolution of disputed claims by  carriers.
 Any designated process shall afford the parties the opportunity to pres-
 ent  evidence  and  to be represented by counsel in any such proceeding.
 The chair shall have the authority to provide  for  alternative  dispute
 resolution  procedures  for  claims  arising under DISABILITY AND family
 leave, including but not limited to referral and submission of  disputed
 claims  to  a  neutral  arbitrator  under the auspices of an alternative
 dispute resolution association pursuant to article seventy-five  of  the
 civil  practice law and rules. Neutral arbitrator shall mean an arbitra-
 tor who does not have a material interest in the outcome  of  the  arbi-
 tration  proceeding or an existing and substantial relationship, includ-
 ing but not limited to pecuniary interests, with  a  party,  counsel  or
 representative of a party. Any determination made by alternative dispute
 resolution  shall  not  be reviewable by the board and the venue for any
 appeal shall be to a court of competent jurisdiction.
   § 14. Section 228 of  the  workers'  compensation  law,  as  added  by
 section  27  of part GG of chapter 57 of the laws of 2013, is amended to
 read as follows:
   § 228. Administrative  expenses.  1.  The  estimated  annual  expenses
 necessary   for  the  workers'  compensation  board  to  administer  the
 S. 3006--B                         153
 
 provisions of the disability AND PAID FAMILY LEAVE benefits law shall be
 borne by all affected employers and included as part of  the  assessment
 rate  generated  pursuant  to  subdivision  two  of  section one hundred
 fifty-one of this chapter.
   2.  Annually, as soon as practicable after the first day of April, the
 chair and department of audit and  control  shall  ascertain  the  total
 amount of actual expenses.
   §  15.  Subsection (n) of section 4235 of the insurance law is amended
 by adding a new paragraph 4 to read as follows:
   (4)(A) THE SUPERINTENDENT SHALL ESTABLISH BY SEPTEMBER FIRST  OF  EACH
 YEAR  THE  MAXIMUM  EMPLOYEE  CONTRIBUTION  THAT  A COVERED EMPLOYER, AS
 DEFINED IN SECTION TWO HUNDRED TWO OF THE WORKERS' COMPENSATION LAW,  IS
 AUTHORIZED  TO  COLLECT  FROM  EACH  EMPLOYEE FOR THE COST OF DISABILITY
 BENEFITS PROVIDED PURSUANT TO ARTICLE NINE OF THE WORKERS'  COMPENSATION
 LAW  THROUGH  A  GROUP ACCIDENT AND HEALTH INSURANCE POLICY OR THROUGH A
 SELF-FUNDED EMPLOYER FOR ITS EMPLOYEES.   BEGINNING JANUARY  FIRST,  TWO
 THOUSAND TWENTY-SEVEN, THE MAXIMUM EMPLOYEE CONTRIBUTION AMOUNT SHALL BE
 TWO  DOLLARS AND TWENTY CENTS PER WEEK, AND BEGINNING JANUARY FIRST, TWO
 THOUSAND THIRTY, THE MAXIMUM EMPLOYEE CONTRIBUTION SHALL BE ONE-HALF  OF
 ONE  PERCENT  OF THE EMPLOYEE'S WAGES BUT SHALL NOT EXCEED FORTY PERCENT
 OF THE AVERAGE OF THE COMBINATION OF ALL EMPLOYEE AND EMPLOYER  CONTRIB-
 UTIONS  TO  DISABILITY  BENEFITS  PROVIDED  PURSUANT TO PARAGRAPH (B) OF
 SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THE WORKERS' COMPENSATION
 LAW DURING THE PRIOR  CALENDAR  YEAR,  WHICH  THE  SUPERINTENDENT  SHALL
 DETERMINE AND PUBLISH ON THE DEPARTMENT'S WEBSITE.
   (B)  A SELF-FUNDED EMPLOYER SHALL SUBMIT REPORTS TO THE SUPERINTENDENT
 FOR THE PURPOSE OF DETERMINING FORTY  PERCENT  OF  THE  AVERAGE  OF  THE
 COMBINATION  OF  ALL  EMPLOYEE  AND EMPLOYER CONTRIBUTIONS TO DISABILITY
 BENEFITS PROVIDED PURSUANT  TO  PARAGRAPH  (B)  OF  SUBDIVISION  TWO  OF
 SECTION TWO HUNDRED FOUR OF THE WORKERS' COMPENSATION LAW.  A SELF-FUND-
 ED  EMPLOYER  SHALL SUBMIT A REPORT TO THE SUPERINTENDENT BY JULY FIRST,
 TWO THOUSAND TWENTY-SIX THAT SETS FORTH EMPLOYEE AND  EMPLOYER  CONTRIB-
 UTIONS  TO  DISABILITY  BENEFITS  PROVIDED  PURSUANT TO PARAGRAPH (B) OF
 SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THE WORKERS' COMPENSATION
 LAW FOR THE YEAR ENDING TWO THOUSAND TWENTY-FIVE, IN A FORMAT DETERMINED
 BY THE SUPERINTENDENT.  BEGINNING APRIL FIRST, TWO THOUSAND  TWENTY-SEV-
 EN,  AND  ANNUALLY  THEREAFTER,  A  SELF-FUNDED  EMPLOYER SHALL SUBMIT A
 REPORT TO THE SUPERINTENDENT  THAT  SETS  FORTH  EMPLOYEE  AND  EMPLOYER
 CONTRIBUTIONS  TO DISABILITY BENEFITS PROVIDED PURSUANT TO PARAGRAPH (B)
 OF SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THE  WORKERS'  COMPEN-
 SATION  LAW  FOR  THE PRIOR CALENDAR YEAR, IN A FORMAT DETERMINED BY THE
 SUPERINTENDENT.
   § 16. Section 2605 of the insurance law is amended to read as follows:
   § 2605. Penalty for violating workers' compensation  law.  The  super-
 intendent may impose a penalty not to exceed twenty-five hundred dollars
 PER  VIOLATION  upon  any  insurer  required  to  be  licensed under the
 provisions of this chapter, if, after notice to and a  hearing  of  such
 insurer,  [he]  THE  SUPERINTENDENT  finds it has unreasonably failed to
 comply with the workers' compensation law.
   § 17. This act shall take effect immediately and shall  apply  to  all
 policies  issued,  renewed,  modified,  altered,  or amended on or after
 January 1, 2027.
 
                                 PART EEE
 S. 3006--B                         154
 
   Section 1. Subdivisions 1, 2 and 3  of  section  20  of  the  workers'
 compensation law are renumbered subdivisions 2, 3 and 4 and a new subdi-
 vision 1 is added to read as follows:
   1. THE BOARD SHALL INDEX A CLAIM FOR WORKERS' COMPENSATION IMMEDIATELY
 UPON THE RECEIPT OF A MEDICAL REPORT IN ADDITION TO EITHER A CLAIM FILED
 BY THE INJURED WORKER OR AN EMPLOYER'S REPORT OF INJURY OR ILLNESS.
   §  2.   Subdivision  2 of section 20 of the workers' compensation law,
 as amended by chapter 635 of the laws  of  1996  and  as  renumbered  by
 section one of this act, is amended to read as follows:
   2.  [At any time after the expiration of the first seven days of disa-
 bility on the part of an injured employee, or  at  any  time  after  the
 employee's  death,  a  claim  for  compensation  may be presented to the
 employer or to the chair. The] WITHIN  SIXTY  DAYS  AFTER  A  CLAIM  FOR
 COMPENSATION  HAS  BEEN INDEXED, THE board shall HOLD AN INITIAL HEARING
 FOR EACH CLAIM IN WHICH THE INJURED WORKER ASSERTS LOST  WAGES  OR  LOST
 TIME  DUE TO INJURY AND SHALL have full power and authority to determine
 all questions in relation to the payment of claims presented to  it  for
 compensation  under  the  provisions of this chapter. The chair or board
 shall THEREAFTER make or cause to be made such investigation as it deems
 necessary, and upon application of either party OR AN  ATTORNEY  REPRES-
 ENTING  EITHER  PARTY,  shall  order  a hearing BEFORE A REFEREE TO TAKE
 PLACE WITHIN FORTY-FIVE CALENDAR DAYS OF  THE  APPLICATION  FROM  EITHER
 PARTY,  and within thirty days after a claim for compensation is submit-
 ted under this section, or such hearing closed, shall make  or  deny  an
 award, determining such claim for compensation, and file the same in the
 office of the chair.  NO APPLICATION FOR A HEARING MADE BY A PARTY OR AN
 ATTORNEY  PURSUANT  TO  THIS  SECTION  SHALL  BE SUBJECT TO LIMITATIONS,
 PREREQUISITES, OR PENALTIES IMPOSED BY THE BOARD. Immediately after such
 filing the chair shall send to the parties a copy of the decision.  Upon
 a hearing pursuant to this section either party may present evidence and
 be represented by counsel.  The decision of the board shall be final  as
 to  all  questions  of  fact, and, except as provided in section twenty-
 three of this article, as to all questions of law.   Except as  provided
 in  section  twenty-seven of this article, all awards of the board shall
 draw simple interest from thirty days after the making  thereof  at  the
 rate  provided  in  section five thousand four of the civil practice law
 and rules.  Whenever a hearing or proceeding for the determination of  a
 claim  for  compensation  is  begun  before  a  referee, pursuant to the
 provisions of this chapter, such hearing or proceeding or any  adjourned
 hearing  thereon  shall  continue  before the same referee until a final
 determination awarding or denying compensation, except in  the  absence,
 inability  or disqualification to act of such referee, or for other good
 cause, in which event such hearing or proceeding may be continued before
 another referee by order of the chair or board.
   § 3. Paragraph (c) of subdivision 3 of  section  25  of  the  workers'
 compensation  law,  as  amended  by  chapter  61 of the laws of 1986, is
 amended to read as follows:
   (c) The board shall keep an accurate record of all hearings held.  ALL
 DECISIONS SHALL BE ISSUED TO THE INJURED   WORKER   IN   THEIR    NATIVE
 LANGUAGE.  Whenever a hearing must be continued or adjourned because the
 carrier or employer has engaged in dilatory tactics or exhibited  unjus-
 tified  lack  of preparedness, the board shall impose a penalty of twen-
 ty-five dollars to be paid to the fund created  by  subdivision  two  of
 section one hundred fifty-one of this chapter and shall in addition make
 an  award  of seventy-five dollars payable to the injured worker or [his
 or her dependants] THEIR DEPENDENTS.  Dilatory tactics may  include  but
 S. 3006--B                         155
 
 shall  not  be limited to:   failing to subpoena medical witnesses or to
 secure an order to show cause as directed by  the  referee,  failing  to
 bring  proper  files, failing to appear, failing to produce witnesses or
 documents  after  they have been requested by the referee or examiner or
 as  directed  by  the  hearing  notice,  unnecessarily  protracting  the
 production  of  evidence, or engaging in a pattern of delay which unduly
 delays resolution, except that no penalty shall  be  imposed  nor  award
 made under this subdivision if the carrier or employer produces evidence
 sufficient to excuse its conduct to the satisfaction of the referee.
   § 4. This act shall take effect immediately.
 
                                 PART FFF
 
   Section  1.  The  state finance law is amended by adding a new section
 99-ss to read as follows:
   § 99-SS. NEW YORK STATE WORKER PROTECTION AND  LABOR  LAW  ENFORCEMENT
 FUND.  1.  THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE
 COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL  FUND
 TO  BE  KNOWN  AS  THE  NEW  YORK  STATE WORKER PROTECTION AND LABOR LAW
 ENFORCEMENT FUND.
   2. SUCH FUND SHALL CONSIST  OF  ALL  MONETARY  DAMAGES  AND  PENALTIES
 RECOVERED  BY  THE  DEPARTMENT  OF LABOR FOR EMPLOYER VIOLATIONS, UNLESS
 OTHERWISE DESIGNATED, OF ARTICLES TWO, FIVE, SIX, EIGHT, NINE, NINETEEN,
 NINETEEN-B, TWENTY-C, TWENTY-FIVE-A, TWENTY-FIVE-B, AND TWENTY-FIVE-C OF
 THE LABOR LAW OR WITH ANY REGULATIONS  RELATED  THERETO  AND  ALL  OTHER
 MONEYS  APPROPRIATED  THERETO  FROM ANY OTHER FUND OR SOURCE PURSUANT TO
 LAW; PROVIDED, HOWEVER THAT NO MONIES DUE AND OWING TO ANY  OTHER  PARTY
 SHALL BE DEDICATED TO THE FUND.  NOTHING CONTAINED IN THIS SECTION SHALL
 PREVENT  THE  STATE  FROM  RECEIVING  GRANTS,  GIFTS OR BEQUESTS FOR THE
 PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
 THE FUND ACCORDING TO LAW.
   3. THE MONIES IN THE FUND, AFTER  APPROPRIATION  BY  THE  LEGISLATURE,
 SHALL  BE AVAILABLE TO THE COMMISSIONER OF LABOR FOR THE SOLE PURPOSE OF
 SUPPLEMENTING THE DEPARTMENT'S LABOR LAW ENFORCEMENT  DUTIES;  PROVIDED,
 HOWEVER,  THAT  SUCH  FUNDING  SHALL  BE APPROPRIATED IN ADDITION TO ANY
 OTHER MONIES APPROPRIATED TO THE DEPARTMENT FOR THE STATE FISCAL YEAR IN
 EFFECT ON THE EFFECTIVE DATE OF THIS SECTION.
   4. ON OR BEFORE JANUARY FIRST OF EACH YEAR, THE  DEPARTMENT  OF  LABOR
 SHALL PROVIDE A WRITTEN REPORT DETAILING HOW THE MONIES OF THE FUND WERE
 UTILIZED DURING THE PRECEDING FISCAL YEAR. SUCH REPORT SHALL BE PROVIDED
 TO  THE  TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,
 THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE  CHAIR  OF  THE  ASSEMBLY
 WAYS  AND  MEANS  COMMITTEE, THE CHAIR OF THE SENATE COMMITTEE ON LABOR,
 THE CHAIR OF THE ASSEMBLY LABOR COMMITTEE, AND  THE  STATE  COMPTROLLER.
 SUCH  REPORT  SHALL  BE  POSTED  ON  THE  DEPARTMENT'S WEBSITE AND SHALL
 INCLUDE:
   (A) THE NUMBER  OF  ENFORCEMENT  PROCEEDINGS  INITIATED  FOR  EMPLOYER
 VIOLATIONS  OF  ARTICLES  TWO,  FIVE,  SIX, EIGHT, NINE, NINETEEN, NINE-
 TEEN-B, TWENTY-C, TWENTY-FIVE-A, TWENTY-FIVE-B, AND TWENTY-FIVE-C OF THE
 LABOR LAW OR ANY REGULATIONS RELATED THERETO, THE  NAME  OF  THE  ENTITY
 AGAINST WHICH SUCH PROCEEDING WAS INITIATED AND THE AMOUNT COLLECTED FOR
 EACH SUCH PROCEEDING, IF ANY;
   (B) THE AMOUNT OF MONEY AVAILABLE AND DISPERSED FROM THE FUND OVER THE
 PREVIOUS TWELVE MONTHS;
   (C)  A  DESCRIPTION ON HOW SUCH MONIES WERE USED, INCLUDING THE NUMBER
 OF ENFORCEMENT PERSONNEL HIRED OR SUPPORTED BY SUCH MONIES; AND
 S. 3006--B                         156
 
   (D) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
 MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE NEXT FISCAL YEAR.
   § 2. This act shall take effect April 1, 2026.
 
                                 PART GGG
 
   Section  1. Subdivisions 3, 4, and 5 of section 27-b of the labor law,
 as added by chapter 82 of the laws of  2006,  are  amended  to  read  as
 follows:
   3.  Risk  evaluation  and determination. Every employer shall evaluate
 its workplace or workplaces to determine  the  presence  of  factors  or
 situations in such workplace or workplaces that might place employees at
 risk  of  occupational  assaults and homicides. Examples of such factors
 shall include, but not BE limited to:
   a. working in public settings (e.g., social services or other  govern-
 mental  workers,  police officers, firefighters, teachers, public trans-
 portation drivers, health care workers, and service workers);
   b. working late night or early morning hours;
   c. exchanging money with the public;
   d. working alone or in small numbers;
   e. ABUSIVE CONDUCT AND BULLYING IN THE WORKPLACE;
   F. uncontrolled access to the workplace; and
   [f.] G. areas of previous security problems.
   4. Written workplace violence prevention program. Every employer  with
 at  least  twenty full time permanent employees shall develop and imple-
 ment a written workplace violence prevention program for  its  workplace
 or workplaces that includes the following:
   a.  a list of the risk factors identified in subdivision three of this
 section that are present in such workplace or workplaces;
   b. the methods the employer will use to prevent incidents  of  occupa-
 tional assaults and homicides at such workplace or workplaces, including
 but not limited to the following:
   (1) making high-risk areas more visible to more people;
   (2) installing good external lighting;
   (3) using drop safes or other methods to minimize cash on hand;
   (4) posting signs stating that limited cash is on hand;
   (5)  providing training in conflict resolution and nonviolent self-de-
 fense responses; and
   (6) establishing and implementing reporting systems for  incidents  of
 aggressive behavior, ABUSIVE CONDUCT, AND BULLYING.
   5.  Employee information and training. a. Every employer with at least
 twenty permanent full time employees shall make  the  written  workplace
 violence  prevention  program available, upon request, to its employees,
 their designated representatives and the department.
   b. Every employer shall provide its  employees  with  [the  following]
 information  and training on PREVENTING AND REPORTING WORKPLACE BULLYING
 AND ABUSIVE CONDUCT AND the risks of occupational assaults and homicides
 in their workplace or workplaces at the time of their initial assignment
 and annually thereafter:
   (1) employees shall be informed of the requirements of  this  section,
 the  risk factors in their workplace or workplaces, and the location and
 availability  of  the  written  workplace  violence  prevention  program
 required by this section; and
   (2)  employee training shall include at least: (a) HOW TO IDENTIFY AND
 REPORT WORKPLACE BULLYING AND ABUSIVE CONDUCT AND the measures employees
 can take to protect  themselves  from  such  risks,  including  specific
 S. 3006--B                         157
 
 procedures  the  employer  has implemented to protect employees, such as
 appropriate work practices, emergency procedures, use of security alarms
 and other devices, and (b) the details of the written workplace violence
 prevention program developed by the employer.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                 PART HHH
 
   Section  1.  Subdivisions  1 and 3 of section 592 of the labor law, as
 amended by chapter 20 of the laws  of  2020,  are  amended  to  read  as
 follows:
   1. Industrial controversy. (a) The accumulation of benefit rights by a
 claimant  shall  be suspended during a period of [two consecutive weeks]
 ONE WEEK beginning with the day after such claimant lost  [his  or  her]
 THEIR  employment  because  of  a strike or other industrial controversy
 except for lockouts, including  concerted  activity  not  authorized  or
 sanctioned by the recognized or certified bargaining agent of the claim-
 ant, and other concerted activity conducted in violation of any existing
 collective  bargaining  agreement,  in the establishment in which [he or
 she] SUCH CLAIMANT was employed, except that benefit rights may be accu-
 mulated before the expiration of such [two] ONE  week  period  beginning
 with  the  day  after  such  strike  or other industrial controversy was
 terminated.
   (b) Benefits shall not be suspended under this section if:
   (i) The employer hires a permanent replacement worker for the  employ-
 ee's  position.  A  replacement worker shall be presumed to be permanent
 unless the employer certifies in writing that the employee will be  able
 to return to [his or her] SUCH EMPLOYEE'S prior position upon conclusion
 of  the  strike, in the event the strike terminates prior to the conclu-
 sion of the employee's eligibility for benefit rights under  this  chap-
 ter.  In  the  event the employer does not permit such return after such
 certification, the employee shall be entitled to  recover  any  benefits
 lost  as  a result of the [two] ONE week suspension of benefits, and the
 department may impose a penalty upon the employer of up to seven hundred
 fifty dollars per employee  per  week  of  benefits  lost.  The  penalty
 collected  shall  be  paid  into the unemployment insurance control fund
 established pursuant to section five hundred fifty-two-b of  this  arti-
 cle; or
   (ii) The commissioner determines that the claimant:
   (A)  is not employed by an employer that is involved in the industrial
 controversy that caused [his or her] SUCH CLAIMANT'S unemployment and is
 not participating in the industrial controversy; or
   (B) is not in a bargaining unit involved in the industrial controversy
 that caused [his or her] SUCH CLAIMANT'S unemployment and is not partic-
 ipating in the industrial controversy.
   3. Terms of suspension. [No] THE waiting period [may]  AND  SUSPENSION
 PERIOD SHALL be served [during a suspension period] CONCURRENTLY.
   The  suspension  of accumulation of benefit rights shall not be termi-
 nated by subsequent employment of the claimant irrespective of when  the
 claim is filed except as provided in subdivision one OF THIS SECTION and
 shall not be confined to a single benefit year.
   A  "week"  as  used in subdivision one of this section means any seven
 consecutive calendar days.
   § 2. This act shall take effect immediately.
 S. 3006--B                         158
 
                                 PART III
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "shelter arrears eviction forestallment act".
   § 2. The social services law is amended by adding a new section 131-cc
 to read as follows:
   § 131-CC. SHELTER ARREARS EVICTION FORESTALLMENT PROGRAM. 1. (A) WITH-
 IN AMOUNTS APPROPRIATED THEREFOR, THE OFFICE OF TEMPORARY AND DISABILITY
 ASSISTANCE SHALL ESTABLISH THE SHELTER  ARREARS  EVICTION  FORESTALLMENT
 PROGRAM  TO  PROVIDE  EMERGENCY  ASSISTANCE  FOR  RENT  ARREARS  FOR THE
 PREVENTION OF EVICTION DUE TO NONPAYMENT OF RENT  OR  MORTGAGE  ARREARS,
 HOMEOWNERS'  ASSOCIATION  FEES, LEGAL FEES, OR LATE FEES IF AN APPLICANT
 CAN ESTABLISH THAT SUCH EXPENSES ARE NECESSARY TO RETAIN THEIR  HOUSING.
 FUNDS  SHALL BE ALLOCATED TO SOCIAL SERVICES DISTRICTS WITH A POPULATION
 OF FIVE MILLION OR FEWER, FOR  SERVICES  AND  EXPENSES  RELATED  TO  THE
 PAYMENT  OF  RENT  ARREARS NECESSARY TO RETAIN HOUSING AND TO HOUSEHOLDS
 THAT ARE IN RECEIPT OF OR WHO WOULD BE ELIGIBLE FOR ONGOING OR EMERGENCY
 PUBLIC ASSISTANCE PURSUANT TO SECTION ONE HUNDRED THIRTY-ONE-A  OF  THIS
 TITLE  BUT  HAVE  EXHAUSTED  THE  ALLOWABLE  FREQUENCY  OF SUCH PAYMENTS
 THROUGH THE EMERGENCY SAFETY NET ASSISTANCE OR EMERGENCY  ASSISTANCE  TO
 FAMILIES  PROGRAMS.    EACH  SOCIAL SERVICES DISTRICT TO WHICH FUNDS ARE
 ALLOCATED PURSUANT TO THIS SECTION SHALL USE BEST EFFORTS TO  MAKE  SUCH
 FUNDS  AVAILABLE  TO  HOUSEHOLDS  FOR  THE  PURPOSES  SET  FORTH IN THIS
 SECTION.
   (B) THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE  SHALL  ALLOCATE
 FUNDING  TO  SOCIAL SERVICES DISTRICTS WITH A POPULATION OF FIVE MILLION
 OR FEWER, WITH A METHODOLOGY THAT SHALL CONSIDER THE  RATE  OF  EVICTION
 FILINGS  AND  OTHER  INDICATORS  OF  NEED AS DETERMINED BY THE OFFICE OF
 TEMPORARY AND DISABILITY ASSISTANCE.
   (C) THE OFFICE SHALL ESTABLISH RULES FOR  THE  ADMINISTRATION  OF  THE
 PROGRAM, INCLUDING BUT NOT LIMITED TO:
   (I)  REQUIRING  PAYMENTS  SHALL  NOT  EXCEED  A TOTAL OF SIX MONTHS OF
 ARREARS IN ADDITION TO PAYMENTS PREVIOUSLY MADE  THROUGH  THE  EMERGENCY
 SAFETY NET ASSISTANCE OR EMERGENCY ASSISTANCE TO FAMILIES PROGRAMS;
   (II)  PROVIDING THAT SUCH PAYMENTS SHALL NOT BE LIMITED BY THE SHELTER
 ALLOWANCE AMOUNT SET FORTH IN SECTION ONE HUNDRED THIRTY-ONE-A  OF  THIS
 TITLE  AND  SHALL  NOT  BE PART OF THE STANDARD OF NEED PURSUANT TO SUCH
 SECTION;
   (III) PROVIDING THAT FUNDING ALLOCATED TO  SOCIAL  SERVICES  DISTRICTS
 PURSUANT TO THIS SECTION SHALL NOT REPLACE OR REDUCE ANY OTHER EMERGENCY
 ASSISTANCE ALLOCATIONS SUCH DISTRICTS WOULD OTHERWISE RECEIVE;
   (IV)  REQUIRING  PROGRAM  PAYMENTS BE MADE DIRECTLY TO THE LANDLORD OR
 PROPERTY OWNER ON BEHALF OF A TENANT. TENANTS,  LANDLORDS  AND  PROPERTY
 MANAGERS SHALL BE NOTIFIED OF ANY ASSISTANCE PROVIDED UNDER THE PROGRAM;
   (V)  PROVIDING  THAT  PROGRAM PAYMENTS MAY BE ISSUED TO HOUSEHOLDS WHO
 ARE UNABLE TO REASONABLY DEMONSTRATE AN ABILITY TO  PAY  FUTURE  SHELTER
 EXPENSES;
   (VI)  PROVIDING  THAT DISTRICTS MAY ESTABLISH LOCAL CRITERIA REGARDING
 THE USE OF THEIR ALLOCATIONS AND WILL MAINTAIN  RESPONSIBILITY  FOR  NOT
 EXCEEDING THEIR ALLOCATION ISSUED PURSUANT TO THIS SECTION; AND
   (VII)  PROVIDING  THAT  DISTRICTS  MAY  ELECT TO DELEGATE THE ADMINIS-
 TRATION OF THE PROGRAM ESTABLISHED PURSUANT TO THIS SECTION, IN FULL  OR
 IN  PART,  TO  ANOTHER PUBLIC AGENCY, CONTRACTOR OR NON-PROFIT ORGANIZA-
 TION.
   2. IN A FORM AND MANNER PRESCRIBED BY  THE  OFFICE  OF  TEMPORARY  AND
 DISABILITY  ASSISTANCE,  SOCIAL  SERVICES DISTRICTS WITH A POPULATION OF
 S. 3006--B                         159
 
 FIVE MILLION OR FEWER SHALL SUBMIT ANNUAL REPORTS TO THE OFFICE  INCLUD-
 ING BUT NOT LIMITED TO THE FOLLOWING INFORMATION:
   (A)  THE  CRITERIA  USED BY SUCH SOCIAL SERVICES DISTRICT TO DETERMINE
 PROGRAM ELIGIBILITY;
   (B) THE DOLLAR VALUE OF ARREARS ISSUED UNDER THE PROGRAM; AND
   (C) BASIC DEMOGRAPHIC INFORMATION ON THE HOUSEHOLDS  SERVED  INCLUDING
 BUT NOT LIMITED TO THE:
   (I) NUMBER OF HOUSEHOLDS SERVED;
   (II) NUMBER OF HOUSEHOLDS SERVED FOR MULTIPLE PERIODS;
   (III) NUMBER AND PERCENTAGE OF HOUSEHOLDS WITH AND WITHOUT CHILDREN;
   (IV)  NUMBER  AND PERCENTAGE OF HOUSEHOLDS WITH AN OPEN PUBLIC ASSIST-
 ANCE (PA) CASE;
   (V) AGE DISTRIBUTION OF THE PRIMARY TENANT;
   (VI) DISTRIBUTION OF THE NUMBER OF CHILDREN;
   (VII) DISTRIBUTION OF TOTAL PAYMENT AMOUNT; AND
   (VIII) DISTRIBUTION OF RACE AND ETHNICITY.
   3. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE  SHALL  SUBMIT  A
 REPORT  TO  THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE
 SPEAKER OF THE ASSEMBLY BY THE THIRTY-FIRST OF DECEMBER  OF  EACH  YEAR.
 SUCH  REPORT SHALL COVER THE TWELVE-MONTH PERIOD ENDING ON THE THIRTIETH
 OF SEPTEMBER IMMEDIATELY PRECEDING THE DATE THE REPORT IS DUE AND  SHALL
 INCLUDE  BUT  NOT  BE  LIMITED  TO THE INFORMATION SUBMITTED PURSUANT TO
 SUBDIVISION TWO OF THIS SECTION, IN THE AGGREGATE FOR THE STATE AND  FOR
 EACH COUNTY.
   § 3. This act shall take effect immediately.
 
                                 PART JJJ
 
   Section  1. Subdivision 3 of section 469 of the real property tax law,
 as added by chapter 377 of the laws of  2000,  is  amended  to  read  as
 follows:
   3.  Such exemption shall be applicable [only to construction or recon-
 struction which occurred  subsequent  to  the  effective  date  of  this
 section and shall only apply] during taxable years during which at least
 one such parent or grandparent maintains a primary place of residence in
 such living quarters.
   § 2. This act shall take effect immediately.
 
                                 PART KKK
 
   Section  1.  The  real property law is amended by adding a new section
 265-c to read as follows:
   § 265-C. HOMEOWNER PROTECTION PROGRAM.   1.  LEGISLATIVE  INTENT.  THE
 LEGISLATURE  DECLARES THAT THE ESTABLISHMENT OF THE HOMEOWNER PROTECTION
 PROGRAM (HOPP) IS NECESSARY TO ENSURE CONTINUATION OF NEW YORK'S INVEST-
 MENT IN ITS STATEWIDE NETWORK OF NON-PROFIT CIVIL LEGAL SERVICES PROVID-
 ERS AND HOUSING COUNSELING AGENCIES OFFERING A  RANGE  OF  HOMEOWNERSHIP
 RETENTION AND PRESERVATION SERVICES TO HOMEOWNERS IN EVERY COUNTY IN THE
 STATE.  THE  PROGRAM  IS  ALSO  NECESSARY  TO  ENSURE THAT THE STATUTORY
 MANDATES OF SECTIONS THIRTEEN HUNDRED THREE AND THIRTEEN HUNDRED FOUR OF
 THE REAL PROPERTY ACTIONS  AND  PROCEEDINGS  LAW  AND  RULE  THIRTY-FOUR
 HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES ARE FULFILLED, SO THAT
 FREE  HOUSING  COUNSELING AND LEGAL SERVICES ARE AVAILABLE TO HOMEOWNERS
 AS PROVIDED FOR BY SECTIONS THIRTEEN HUNDRED THREE AND THIRTEEN  HUNDRED
 FOUR  OF  THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW IN EVERY COUNTY,
 AND SO THAT LEGAL SERVICES ARE AVAILABLE TO ASSIST HOMEOWNERS  ANSWERING
 S. 3006--B                         160
 
 COMPLAINTS  AND PARTICIPATING IN MANDATORY SETTLEMENT CONFERENCES PURSU-
 ANT TO RULE THIRTY-FOUR HUNDRED EIGHT OF  THE  CIVIL  PRACTICE  LAW  AND
 RULES.
   2.  COUNSELING  AND LEGAL REPRESENTATION OF INDIVIDUALS WHO ARE FACING
 LOSS OF THEIR HOME OR THREATS TO HOMEOWNERSHIP. (A) WITHIN ONE  YEAR  OF
 THE  EFFECTIVE  DATE OF THIS SECTION, THE DEPARTMENT OF LAW SHALL ESTAB-
 LISH THE HOMEOWNER PROTECTION PROGRAM TO ENSURE THE AVAILABILITY OF FREE
 HOUSING COUNSELING AND LEGAL SERVICES TO HOMEOWNERS FOR THE PURPOSES  OF
 MITIGATING  THREATS  TO  HOMEOWNERSHIP  INCLUDING,  BUT  NOT LIMITED TO,
 HOMEOWNERSHIP RETENTION, HOME PRESERVATION, ESTATE PLANNING, AS  A  TOOL
 FOR  PREVENTING THEFT OF REAL PROPERTY AND OTHER SCAMS TARGETED TO HOME-
 OWNERS, PREVENTING AVOIDABLE FORECLOSURES AND  DISPLACEMENT,  PRESERVING
 HOME  EQUITY,  PRESERVING  HOMEOWNERSHIP,  ESPECIALLY  IN COMMUNITIES OF
 COLOR, AND FOR ANY OTHER PURPOSES RELATED TO  PRESERVING  HOMEOWNERSHIP.
 SUCH PROGRAM SHALL BE FUNDED BY ANNUAL APPROPRIATION BY THE LEGISLATURE.
   (B)  THE  DEPARTMENT  OF LAW SHALL PROVIDE GRANTS TO ELIGIBLE NOT-FOR-
 PROFIT HOUSING COUNSELING ORGANIZATIONS AND LEGAL SERVICES ORGANIZATIONS
 TO PROVIDE SERVICES UNDER THE PROGRAM. SUCH SERVICES SHALL INCLUDE,  BUT
 NOT  BE LIMITED TO, ASSISTANCE WITH LOSS MITIGATION AND LOAN AND WORKOUT
 APPLICATIONS AND NEGOTIATIONS; ASSISTANCE  IN  APPLYING  FOR  ASSISTANCE
 PROGRAMS FOR HOMEOWNERS; ASSISTANCE WITH RESOLVING PROPERTY TAX, UTILITY
 AND  BUILDING CODE VIOLATION DEBTS AND LIENS; REPRESENTATION IN MORTGAGE
 AND TAX AND UTILITY LIEN FORECLOSURE LITIGATION, LIMITED SCOPE REPRESEN-
 TATION AT SETTLEMENT CONFERENCES PURSUANT TO  RULE  THIRTY-FOUR  HUNDRED
 EIGHT  OF  THE CIVIL PRACTICE LAW AND RULES; ASSISTANCE TO UNREPRESENTED
 LITIGANTS WITH ANSWERS AND MOTIONS IN JUDICIAL  FORECLOSURE  PROCEEDINGS
 AND  BRIEF  ADVICE;  ASSISTANCE  TO HOMEOWNERS VICTIMIZED BY DEED FRAUD,
 DISTRESSED  PROPERTY  CONSULTANT,  PARTITION  AND  OTHER  SCAMMERS;  AND
 REDRESS  OF  PREDATORY  AND  DISCRIMINATORY  LENDING,  ABUSIVE  MORTGAGE
 SERVICING, AND PROPERTY FLIPPING, INCLUDING AFFIRMATIVE  LITIGATION  AND
 ADMINISTRATIVE  COMPLAINTS  WITH  FEDERAL,  STATE AND LOCAL FAIR HOUSING
 AGENCIES; AND FOR WHATEVER OTHER PURPOSE DEEMED NECESSARY BY THE DEPART-
 MENT OF LAW TO PRESERVE HOMEOWNERSHIP.
   3. PROGRAM ADMINISTRATION. (A) THE DEPARTMENT OF LAW  SHALL  ESTABLISH
 CRITERIA  FOR  SELECTION  OF GRANT APPLICATIONS, REVIEW APPLICATIONS AND
 MAKE AWARDS, AND EXERCISE  AND  PERFORM  SUCH  OTHER  FUNCTIONS  AS  ARE
 RELATED TO THE PURPOSES OF THIS SECTION.
   (B)  THE  DEPARTMENT  OF  LAW  SHALL  MAKE ONE-YEAR GRANTS, WITHIN THE
 AMOUNTS APPROPRIATED FOR THAT PURPOSE, TO NOT-FOR-PROFIT  HOUSING  COUN-
 SELING  ORGANIZATIONS  SERVING HOMEOWNERS AT RISK OF LOSING THEIR HOMES,
 AND LEGAL SERVICES ORGANIZATIONS, TO  PROVIDE  COUNSELING  SERVICES  AND
 LEGAL  REPRESENTATION OF PERSONS WHO RESIDE IN THE STATE OF NEW YORK WHO
 ARE FACING THREATS TO HOMEOWNERSHIP.
   (C) THE DEPARTMENT OF LAW  SHALL  MAKE  ONE-YEAR  GRANTS,  WITHIN  THE
 AMOUNTS APPROPRIATED FOR THAT PURPOSE, TO ENSURE THAT HOUSING COUNSELING
 AND  LEGAL  SERVICES ARE AVAILABLE FREE OF CHARGE TO HOMEOWNERS IN EVERY
 COUNTY OF THE STATE  AND  TO  ENSURE  THAT  THE  STATUTORY  MANDATES  OF
 SECTIONS  THIRTEEN  HUNDRED  THREE AND THIRTEEN HUNDRED FOUR OF THE REAL
 PROPERTY ACTIONS AND PROCEEDINGS LAW AND RULE THIRTY-FOUR HUNDRED  EIGHT
 OF THE CIVIL PRACTICE LAW AND RULES ARE FULFILLED.
   (D)  THE  DEPARTMENT  OF  LAW  SHALL  MAKE ONE-YEAR GRANTS, WITHIN THE
 AMOUNTS APPROPRIATED FOR THAT  PURPOSE,  TO  ENSURE  ADEQUATE  TRAINING,
 TECHNICAL ASSISTANCE AND SUPPORT IS PROVIDED TO THE NOT-FOR-PROFIT HOUS-
 ING COUNSELING AND LEGAL SERVICES ORGANIZATIONS PROVIDING SERVICES UNDER
 THIS  SECTION,  AND  TO  ENSURE  THE MANAGEMENT OF GRANTS AND SUPPORTIVE
 SERVICES INCLUDING, BUT NOT LIMITED TO,  TOLL-FREE  HOTLINES,  DEDICATED
 S. 3006--B                         161
 
 OUTREACH,  TECHNICAL EXPERTISE AND OTHER ASSISTANCE IS MADE AVAILABLE TO
 THE ORGANIZATIONS PROVIDING SERVICES.
   4.  REPORTING. EACH NOT-FOR-PROFIT HOUSING COUNSELING ORGANIZATION AND
 LEGAL SERVICES ORGANIZATION RECEIVING A GRANT UNDER THIS  SECTION  SHALL
 AT  A  MINIMUM  REPORT  TO THE ATTORNEY GENERAL NO LATER THAN SIXTY DAYS
 AFTER THE END OF EACH ONE-YEAR GRANT.   SUCH  REPORT  SHALL  INCLUDE  AN
 ACCOUNTING OF THE FUNDS RECEIVED BY THE GRANT AND THE SERVICES PROVIDED.
   § 2. This act shall take effect immediately.
 
                                 PART LLL
 
   Section  1. The private housing finance law is amended by adding a new
 article 33 to read as follows:
                               ARTICLE XXXIII
                     VACANT RENTAL IMPROVEMENT PROGRAM
 SECTION 1300. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE.
         1301. VACANT RENTAL IMPROVEMENT PROGRAM.
   § 1300. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE.  IT  IS  HEREBY
 DECLARED  AND FOUND THAT THERE EXISTS ACROSS UPSTATE NEW YORK A SHORTAGE
 OF SAFE AND AFFORDABLE RENTAL UNITS. IT IS  FURTHER  FOUND  THAT  STABLE
 HOUSING  IS TIED TO POSITIVE EMPLOYMENT, EDUCATION, AND HEALTH OUTCOMES,
 AND THAT THE STATE THEREFORE HAS  AN  INTEREST  IN  PROMOTING  SAFE  AND
 AFFORDABLE  HOUSING  OPPORTUNITIES.  IN  ORDER, FURTHER, TO PROMOTE SUCH
 OPPORTUNITIES, IT IS HEREBY DECLARED THAT ADDITIONAL  PROVISIONS  SHOULD
 BE  MADE TO PROVIDE PUBLIC MONIES FOR THE PURPOSE OF GRANTS TO OWNERS OF
 BUILDINGS WITH FIVE OR FEWER UNITS TO  MAKE  NECESSARY  IMPROVEMENTS  TO
 RENTAL  UNITS  ON THE CONDITION THAT RENOVATED UNITS WILL BE LEASED AT A
 REASONABLE RATE FOR TEN YEARS.  THE NECESSITY IN THE PUBLIC INTEREST FOR
 THE PROVISIONS OF THIS ARTICLE IS HEREBY DECLARED AS A MATTER OF  LEGIS-
 LATIVE DETERMINATION.
   §  1301.  VACANT RENTAL IMPROVEMENT PROGRAM.  1. (A) THE HOUSING TRUST
 FUND CORPORATION SHALL, SUBJECT TO APPROPRIATION, MAKE CAPITAL GRANTS OF
 UP TO SEVENTY-FIVE THOUSAND DOLLARS PER UNIT TO OWNERS OF BUILDINGS WITH
 FIVE OR FEWER UNITS FOR THE PURPOSE OF MAKING NECESSARY IMPROVEMENTS  TO
 RENTAL  UNITS LOCATED OUTSIDE OF A CITY WITH A POPULATION OF ONE MILLION
 OR MORE.  THE HOUSING TRUST FUND CORPORATION, TO THE EXTENT PRACTICABLE,
 SHALL PRIORITIZE FUNDING FOR UNITS THAT ARE  CURRENTLY  VACANT  OR  HAVE
 OUTSTANDING CODE VIOLATIONS.
   (B) RECEIPT OF SUCH CAPITAL GRANTS SHALL BE CONDITIONED UPON A REGULA-
 TORY  AGREEMENT  BY  SUCH OWNERS TO LEASE SUCH RENOVATED UNITS AT A RATE
 AFFORDABLE TO PERSONS EARNING NO MORE THAN EIGHTY PERCENT OF AREA MEDIAN
 INCOME, AS CALCULATED BY THE UNITED STATES  DEPARTMENT  OF  HOUSING  AND
 URBAN  DEVELOPMENT,  FOR  THE TEN-YEAR PERIOD COMMENCING AT THE START OF
 THE FIRST LEASE  AGREEMENT  FOLLOWING  A  RENOVATION  OR  REHABILITATION
 COMPLETED PURSUANT TO THIS ARTICLE.  UPON A FINDING BY THE HOUSING TRUST
 FUND  CORPORATION  THAT  AN OWNER WHO HAS RECEIVED A GRANT TO RENOVATE A
 RENTAL UNIT PURSUANT TO THIS SECTION HAS VIOLATED THE REGULATORY  AGREE-
 MENT,  ANY  GRANTS RECEIVED BY SUCH OWNER SHALL BE SUBJECT TO RECOUPMENT
 IN FULL.  RENTAL RESTRICTIONS SHALL NOT EXPIRE IF  THE  UNIT  IS  TRANS-
 FERRED  OR SOLD TO A NEW OWNER. THE HOUSING TRUST FUND CORPORATION SHALL
 PROMULGATE RULES AND REGULATIONS TO ENSURE COMPLIANCE WITH THIS SECTION.
   2. THE CHIEF EXECUTIVE OFFICER OF THE HOUSING TRUST  FUND  CORPORATION
 SHALL  PROMULGATE RULES AND REGULATIONS DEEMED NECESSARY AND APPROPRIATE
 TO ESTABLISH AND ADMINISTER THE VACANT RENTAL IMPROVEMENT PROGRAM PURSU-
 ANT TO THIS ARTICLE, INCLUDING BUT NOT LIMITED TO THE APPLICATION  PROC-
 ESS,  ELIGIBILITY REQUIREMENTS, DISBURSEMENT OF GRANTS, DETERMINATION OF
 S. 3006--B                         162
 
 A REASONABLE LEASE RATE, AND ANY  OTHER  RULES,  REGULATIONS,  OR  DEFI-
 NITIONS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
   § 2. The state finance law is amended by adding a new section 99-ss to
 read as follows:
   §  99-SS.  RENTAL  IMPROVEMENT FUND. 1. THERE IS HEREBY ESTABLISHED IN
 THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF HOUS-
 ING AND COMMUNITY RENEWAL A FUND TO BE KNOWN AS THE "RENTAL  IMPROVEMENT
 FUND".
   2. SUCH FUND SHALL CONSIST OF ALL MONEYS COLLECTED THEREFOR, OR MONEYS
 CREDITED,  APPROPRIATED  OR  TRANSFERRED  THERETO FROM ANY OTHER FUND OR
 SOURCE PURSUANT TO LAW, OR ANY  OTHER  MONEYS  MADE  AVAILABLE  FOR  THE
 PURPOSES OF THE FUND.
   3.  MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE AND
 ALLOCATION BY THE DIRECTOR OF THE BUDGET, SHALL BE  AVAILABLE  ONLY  FOR
 PURPOSES OF THE VACANT RENTAL IMPROVEMENT PROGRAM, AS SET FORTH IN ARTI-
 CLE THIRTY-THREE OF THE PRIVATE HOUSING FINANCE LAW.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.
 
                                 PART MMM
 
   Section 1. The private housing finance law is amended by adding a  new
 article 33 to read as follows:
                              ARTICLE XXXIII
                   BLOCK BY BLOCK HOMEOWNERSHIP PROGRAM
 SECTION 1300. LEGISLATIVE PURPOSE.
         1301. BLOCK BY BLOCK HOMEOWNERSHIP PROGRAM.
   §  1300.  LEGISLATIVE  PURPOSE.  IT  IS HEREBY DECLARED AND FOUND THAT
 THERE EXISTS ACROSS UPSTATE NEW YORK, AND PARTICULARLY IN THE CITIES  OF
 BUFFALO,  ROCHESTER,  SYRACUSE,  ALBANY,  AND  BINGHAMTON, A SHORTAGE OF
 AFFORDABLE HOUSING UNITS AVAILABLE FOR PURCHASE.  IT  IS  FURTHER  FOUND
 THAT  HOMEOWNERSHIP  IS  ESSENTIAL FOR BUILDING GENERATIONAL WEALTH, AND
 THAT THE STATE THEREFORE HAS AN INTEREST IN PROMOTING HOMEOWNERSHIP.  IN
 ORDER,  FURTHER,  TO  PROMOTE  HOMEOWNERSHIP, IT IS HEREBY DECLARED THAT
 ADDITIONAL PROVISIONS SHOULD BE MADE TO PROVIDE PUBLIC  MONIES  FOR  THE
 PURPOSES OF CONSTRUCTING, PRESERVING, AND REHABILITATING ONE- TO TWO-FA-
 MILY  DWELLINGS  ON  UNDERUTILIZED  LAND  THROUGHOUT  THE STATE, WITH AN
 EMPHASIS ON THE CITIES OF  BUFFALO,  ROCHESTER,  SYRACUSE,  ALBANY,  AND
 BINGHAMTON FOR PURCHASE BY LOW AND MODERATE INCOME BUYERS.  THE NECESSI-
 TY  IN  THE PUBLIC INTEREST FOR THE PROVISIONS OF THIS ARTICLE IS HEREBY
 DECLARED AS A MATTER OF LEGISLATIVE DETERMINATION.
   § 1301. BLOCK BY BLOCK HOMEOWNERSHIP PROGRAM.  1.    THE  DIVISION  OF
 HOUSING AND COMMUNITY RENEWAL SHALL, SUBJECT TO APPROPRIATION, DEVELOP A
 PROGRAM   TO  MAKE  CAPITAL  SUBSIDIES  AVAILABLE  FOR  THE  PURPOSE  OF
 CONSTRUCTING, PRESERVING, AND REHABILITATING ONE- TO  TWO-FAMILY  DWELL-
 INGS  OUTSIDE  OF  A  CITY WITH A POPULATION OF ONE MILLION OR MORE. THE
 COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS SUFFICIENT  FOR  THE
 CREATION  OF  A NEW PROGRAM FOR THE PURPOSE OF CONSTRUCTING, PRESERVING,
 AND REHABILITATING SUCH ONE- TO TWO-FAMILY DWELLINGS.
   2. FUNDING FOR THE PROGRAM CREATED PURSUANT TO THIS ARTICLE SHALL,  TO
 THE EXTENT PRACTICABLE, BE PRIORITIZED IN THE CITIES OF BUFFALO, ROCHES-
 TER,  SYRACUSE,  ALBANY, AND BINGHAMTON FOR DEVELOPMENT ON VACANT, ABAN-
 DONED, OR UNDERUTILIZED LAND OWNED BY THE MUNICIPALITY.
 S. 3006--B                         163
 
   3. DWELLINGS CREATED PURSUANT TO THIS PROGRAM SHALL BE SOLD TO A  NOT-
 FOR-PROFIT CORPORATION FOR THE PURPOSE OF RESALE OR INDIVIDUALS OR FAMI-
 LIES  WHO  ARE  LOW OR MODERATE INCOME, AS DETERMINED BY THE DIVISION OF
 HOUSING AND COMMUNITY RENEWAL, AT THE TIME OF SALE,  WHO  OWN  NO  OTHER
 REAL PROPERTY, AND WHO INTEND TO USE THE DWELLING AS THEIR PRIMARY RESI-
 DENCE.
   4.  THE  DIVISION  OF HOUSING AND COMMUNITY RENEWAL SHALL RESTRICT ANY
 SUBSEQUENT DEED OF SALE TO AN INDIVIDUAL OR FAMILY OF  LOW  OR  MODERATE
 INCOME,  AS DETERMINED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL,
 WHO INTENDS TO MAKE THE DWELLING THEIR PRIMARY RESIDENCE.
   5. NOTHING IN THIS ARTICLE SHALL PRECLUDE THE USE OF ADDITIONAL  LOANS
 OR GRANTS IN CONJUNCTION WITH THIS PROGRAM.
   § 2. This act shall take effect immediately.
 
                                 PART NNN
 
   Section  1.  The opening paragraph of subdivision 10 of section 590 of
 the labor law, as amended by chapter 734 of the laws of 2004, is amended
 to read as follows:
   Benefits based on  professional  employment  with  educational  insti-
 tutions, including the state university of New York, the city university
 of  New  York  and  any  public  community  colleges.  If a claimant was
 employed in an  instructional,  research,  or  principal  administrative
 capacity  by an institution of education, including the state university
 of New York, the city university of New York and  any  public  community
 colleges,  or performed services in such an institution in such capacity
 while employed by an educational service  agency,  the  following  shall
 apply  to  any  week commencing during the period between two successive
 academic years or terms, or during a similar period between two  regular
 but  not  successive  terms when the contract provides therefor instead,
 provided the claimant has a contract to perform SERVICES, or there is  a
 reasonable assurance that the claimant will perform SERVICES, [services]
 in  such  capacity  for any such institution or institutions for both of
 such academic years or such terms, and to any week commencing during  an
 established and customary vacation period or holiday recess, not between
 such  academic  terms or years, provided the claimant performed services
 for such institution immediately before such vacation period or  holiday
 recess  and  there  is  a  reasonable  assurance  that the claimant will
 perform any services described in this subdivision or subdivision eleven
 of this section in the period immediately following such vacation period
 or holiday recess:
   § 2. Subdivision 11 of section 590 of the labor law is REPEALED and  a
 new subdivision 11 is added to read as follows:
   11.  (A)  FOR PURPOSES OF SUBDIVISION TEN OF THIS SECTION, A "CONTRACT
 TO PERFORM SERVICES" SHALL REFER ONLY TO AN ENFORCEABLE,  NON-CONTINGENT
 AGREEMENT  THAT PROVIDES FOR COMPENSATION: FOR THE ENTIRE ACADEMIC YEAR;
 OR ON AN ANNUAL  BASIS,  PROVIDED,  HOWEVER,  THAT  THE  CONTRACT  TERMS
 DESCRIBING  COMPENSATION NEED NOT BE EXPRESSED SPECIFICALLY AS AN ANNUAL
 SALARY.   A "CONTRACT TO PERFORM  SERVICES"  MUST  SATISFY  ALL  OF  THE
 FOLLOWING CONDITIONS:
   (1)  THE  EDUCATIONAL  INSTITUTION HAS MADE A WRITTEN, ORAL OR IMPLIED
 OFFER OF EMPLOYMENT, WHICH MUST BE GENUINE, TO THE CLAIMANT  FOR  EITHER
 THE  SECOND  ACADEMIC YEAR OR TERM OR FOR THE PERIOD FOLLOWING AN ESTAB-
 LISHED OR CUSTOMARY VACATION PERIOD OR HOLIDAY RECESS;
   (2) SUCH OFFER WAS MADE BY AN EMPLOYEE OF THE EDUCATIONAL  INSTITUTION
 WITH AUTHORITY TO MAKE SUCH OFFER;
 S. 3006--B                         164
 
   (3)  SUCH  OFFER  IS FOR SERVICES IN THE SAME CAPACITY AS THE SERVICES
 THE CLAIMANT PERFORMED FOR THE  EDUCATIONAL  INSTITUTION  IN  THE  PRIOR
 ACADEMIC  YEAR OR TERM OR IN THE PERIOD BEFORE AN ESTABLISHED OR CUSTOM-
 ARY VACATION PERIOD OR HOLIDAY RECESS; AND
   (4)  THE  WAGES OR SALARY IN SUCH OFFER ARE IN AN AMOUNT NOT LESS THAN
 NINETY PERCENT OF THE AMOUNT PAID  TO  THE  CLAIMANT  DURING  THE  FIRST
 ACADEMIC  YEAR  OR  TERM  OR  DURING THE PERIOD BEFORE AN ESTABLISHED OR
 CUSTOMARY VACATION PERIOD OR HOLIDAY RECESS.
   (B) FOR PURPOSES OF SUBDIVISION TEN OF THIS SECTION,  A  DETERMINATION
 THAT  THERE IS A "REASONABLE ASSURANCE" SHALL REQUIRE MEETING ALL OF THE
 REQUIREMENTS SET FORTH IN SUBPARAGRAPHS ONE THROUGH  FOUR  OF  PARAGRAPH
 (A) OF THIS SUBDIVISION AND THE FOLLOWING CONDITIONS:
   (1) SUCH OFFER IS NOT CONTINGENT ON FACTORS WITHIN THE CONTROL OF SUCH
 EDUCATIONAL  INSTITUTION  INCLUDING, BUT NOT LIMITED TO, COURSE PROGRAM-
 MING, ALLOCATION OF AVAILABLE FUNDING, PROGRAM MODIFICATIONS, OR FACILI-
 TY AVAILABILITY; AND
   (2) BASED ON THE TOTALITY OF THE CIRCUMSTANCES, IT IS HIGHLY  PROBABLE
 THAT  THERE  IS  A  JOB  AVAILABLE FOR THE CLAIMANT IN THE SAME CAPACITY
 DURING THE SECOND ACADEMIC YEAR OR TERM OR DURING THE  PERIOD  FOLLOWING
 AN  ESTABLISHED  OR CUSTOMARY VACATION PERIOD OR HOLIDAY RECESS, INCLUD-
 ING, BUT NOT LIMITED TO, AVAILABILITY OF FUNDING, ENROLLMENT LEVELS, THE
 CLAIMANT'S LEVEL OF SENIORITY, BUDGETING AND ASSIGNMENT PRACTICES AT THE
 EDUCATIONAL INSTITUTION, THE NUMBER OF OFFERS MADE IN  RELATION  TO  THE
 NUMBER OF POTENTIAL ASSIGNMENTS, THE PERIOD OF STUDENT REGISTRATION, AND
 ANY  OTHER CONTINGENCIES IN THE OFFER.  WHEN CONSIDERING WHETHER FUNDING
 SHALL BE AVAILABLE, THE FOLLOWING CRITERIA SHALL BE CONSIDERED: (I)  THE
 HISTORY  OF  THE  EDUCATIONAL  INSTITUTION'S FUNDING, AND THE LIKELIHOOD
 THAT THE EDUCATIONAL  INSTITUTION  WILL  RECEIVE  SUCH  FUNDING,  FOR  A
 SPECIFIC  COURSE;  AND  (II)  THE  CLAIMANT'S LIKELIHOOD OF RECEIVING AN
 ASSIGNMENT.
   (C) REASONABLE ASSURANCE SHALL BE DETERMINED ON A  CASE-BY-CASE  BASIS
 BY  THE  TOTAL  WEIGHT  OF EVIDENCE RATHER THAN THE EXISTENCE OF ANY ONE
 FACTOR.  PRIMARY WEIGHT SHALL BE GIVEN TO THE CONTINGENT  NATURE  OF  AN
 OFFER  OF  EMPLOYMENT  BASED ON ENROLLMENT, FUNDING AND PROGRAM CHANGES;
 PROVIDED, HOWEVER, THAT IN  ANY  UNEMPLOYMENT  INSURANCE  PROCEEDING,  A
 WRITTEN LETTER FROM AN EDUCATIONAL INSTITUTION TO A CLAIMANT WHICH MAKES
 EMPLOYMENT  CONDITIONAL  SHALL NOT BE PRIMA FACIE EVIDENCE OF REASONABLE
 ASSURANCE TO BE USED TO DENY A CLAIM FOR UNEMPLOYMENT.  THE  EDUCATIONAL
 INSTITUTION SHALL SUPPLY SPECIFIC DOCUMENTATION TO SUPPORT ITS OBJECTION
 THAT  IT  HAS  PROVIDED A CONTRACT TO PERFORM SERVICES AND/OR REASONABLE
 ASSURANCE.  IF THE EDUCATIONAL INSTITUTION FAILS TO SUPPLY SUCH SPECIFIC
 DOCUMENTATION, THE OBJECTION SHALL BE DEEMED INVALID.
   (D) (1) THE PROVISIONS OF SUBDIVISION TEN OF THIS SECTION SHALL NOT BE
 INTERPRETED, IMPLEMENTED, OR OTHERWISE CONSTRUED IN ANY WAY TO APPLY  TO
 SERVICES IN A NONPROFESSIONAL CAPACITY.
   (2)  FOR  THE PURPOSES OF THIS SUBDIVISION AND SUBDIVISION TEN OF THIS
 SECTION:
   (I) "PROFESSIONAL CAPACITY" SHALL STRICTLY APPLY TO SERVICES PERFORMED
 IN AN INSTRUCTIONAL, RESEARCH, OR PRINCIPAL ADMINISTRATIVE CAPACITY WITH
 EDUCATIONAL INSTITUTIONS, INCLUDING THE STATE UNIVERSITY  OF  NEW  YORK,
 THE CITY UNIVERSITY OF NEW YORK AND ANY PUBLIC COMMUNITY COLLEGE.
   (II)  "SERVICES IN A NONPROFESSIONAL CAPACITY" SHALL APPLY TO SERVICES
 IN ANY CAPACITY OTHER THAN A PROFESSIONAL CAPACITY AND  ENCOMPASSES  ANY
 SERVICES OTHER THAN AN INSTRUCTIONAL, RESEARCH, OR PRINCIPAL ADMINISTRA-
 TIVE  CAPACITY,  REGARDLESS  OF THE LEGAL OR EDUCATIONAL REQUIREMENTS TO
 PERFORM SUCH SERVICES.
 S. 3006--B                         165
 
   § 3. This act shall take effect immediately.
 
                                 PART OOO
 
   Section  1.  Section  224-a of the labor law, as added by section 1 of
 part FFF of chapter 58 of the laws of 2020, paragraphs c and d of subdi-
 vision 2 as amended and paragraph e of subdivision 2 as added by section
 1 of part R and paragraphs f and g of subdivision 3 as amended and para-
 graph h of subdivision 3 as added by section 2 of part U of  chapter  56
 of  the  laws  of  2024,  and paragraph b of subdivision 4 as amended by
 section 3 of part AA of chapter 56 of the laws of 2021,  is  amended  to
 read as follows:
   §  224-a.  Prevailing  wage  requirements  applicable  to construction
 projects performed under private contract. 1. Subject to the  provisions
 of this section, each "covered project" as defined in this section shall
 be  subject  to  prevailing wage requirements in accordance with section
 two hundred twenty and two hundred twenty-b of this article. A  "covered
 project"  shall mean construction work done under contract which is paid
 for in whole or in part out of public funds as such term is  defined  in
 this section where the amount of all such public funds, when aggregated,
 is  at least [thirty] TWENTY percent of the total construction [project]
 costs and where such project costs are over five million dollars  except
 as  provided  for by [section two hundred twenty-four-c of this article]
 THE DEPARTMENT.
   2. For purposes of this section, "paid for in whole or in part out  of
 public funds" shall mean any of the following:
   a.  The  payment of money, by a public entity, or a third party acting
 on behalf of and for the benefit of a public entity, directly to  or  on
 behalf  of the contractor, subcontractor, developer or owner that is not
 subject to repayment;
   b. The savings achieved from fees, rents,  interest  rates,  or  other
 loan  costs,  or  insurance costs that are lower than market rate costs;
 savings from reduced taxes as a result of tax credits,  tax  abatements,
 tax exemptions or tax increment financing; savings from payments in lieu
 of  taxes; and any other savings from reduced, waived, or forgiven costs
 that would have otherwise been at a higher or market rate  but  for  the
 involvement of the public entity;
   c. Money loaned by the public entity that is to be repaid on a contin-
 gent basis;
   d.  Credits that are applied by the public entity against repayment of
 obligations to the public entity; or
   e. Benefits under section four hundred sixty-seven-m of the real prop-
 erty tax law.
   3. For purposes of this section, "paid for in whole or in part out  of
 public funds" shall not include:
   a.  Benefits under section four hundred twenty-one-a of the real prop-
 erty tax law;
   b. Funds that are not provided primarily to promote,  incentivize,  or
 ensure  that  construction  work  is performed, which would otherwise be
 captured in subdivision two of this section;
   c. Funds used to incentivize or ensure the development of a comprehen-
 sive sewage system, including connection  to  existing  sewer  lines  or
 creation  of new sewage lines or sewer capacity, provided, however, that
 such work shall be  deemed  to  be  a  public  work  covered  under  the
 provisions of this article;
 S. 3006--B                         166
 
   d. tax benefits provided for projects the length or value of which are
 not able to be calculated at the time the work is to be performed;
   e.  tax benefits related to brownfield remediation or brownfield rede-
 velopment pursuant to section twenty-one, twenty-two, one hundred eight-
 y-seven-g or one hundred eighty-seven-h  of  the  tax  law,  subdivision
 seventeen  or  eighteen  of  section  two  hundred ten-B of the tax law,
 subsection (dd) or (ee) of section six hundred six of the  tax  law,  or
 subdivision (u) or (v) of section fifteen hundred eleven of the tax law;
   f.  funds  provided  pursuant  to subdivision three of section twenty-
 eight hundred fifty-three of the education law;
   g. any other public monies, credits, savings or loans,  determined  by
 the  [public  subsidy board created in section two hundred twenty-four-c
 of this article] DEPARTMENT as exempt from this definition; and
   h. benefits under section four hundred eighty-five-x of the real prop-
 erty tax law.
   4. For purposes of this section "covered project"  shall  not  include
 any of the following:
   a. Construction work on one or two family dwellings where the property
 is  the  owner's  primary  residence,  or construction work performed on
 property where the owner of the property owns no more than four dwelling
 units;
   b. Construction work performed under a contract with a  not-for-profit
 corporation  as defined in section one hundred two of the not-for-profit
 corporation law, other than a not-for-profit corporation  formed  exclu-
 sively  for  the  purpose  of  holding  title to property and collecting
 income thereof or any public entity as defined in  this  section,  where
 the not-for-profit corporation has gross annual revenue and support less
 than five million dollars;
   c.  Construction  work performed on a multiple residence and/or ancil-
 lary amenities or installations that is wholly privately owned in any of
 the following circumstances except  as  provided  for  by  [section  two
 hundred twenty-four-c of this article] THE DEPARTMENT:
   (i)  where  no  less than twenty-five percent of the residential units
 are affordable and shall be retained subject to an anticipated regulato-
 ry agreement with a local, state, or federal governmental entity,  or  a
 not-for-profit entity with an anticipated formal agreement with a local,
 state, or federal governmental entity for purposes of providing afforda-
 ble  housing  in  a given locality or region provided that the period of
 affordability  for  a  residential  unit  deemed  affordable  under  the
 provisions  of  this  paragraph  shall be for no less than fifteen years
 from the date of construction; or
   (ii) where no less than thirty-five percent of the  residential  units
 involves  the  provision  of  supportive housing services for vulnerable
 populations provided that such units are subject to an anticipated regu-
 latory agreement with a local, state, or federal governmental entity; or
   (iii) any newly created programs for affordable or subsidized  housing
 as  determined  by  the [public subsidy board established by section two
 hundred twenty-four-c of this article] DEPARTMENT.
   d. Construction work performed on a manufactured home park as  defined
 in  paragraph three of subdivision a of section two hundred thirty-three
 of the real property law where the manufactured home park is subject  to
 a  regulatory  agreement  with  a  local, state, or federal governmental
 entity for no less than fifteen years;
   e. Construction work performed under a pre-hire collective  bargaining
 agreement  between  an  owner or contractor and a bona fide building and
 construction trade labor organization which has  established  itself  as
 S. 3006--B                         167

 the  collective  bargaining  representative  for  all  persons  who will
 perform work on such a project, and which provides that only contractors
 and subcontractors who sign a pre-negotiated agreement  with  the  labor
 organization  can  perform  work on such a project, or construction work
 performed under a labor peace agreement, project labor agreement, or any
 other construction work performed under an enforceable agreement between
 an owner or contractor and a bona fide building and  construction  trade
 labor organization;
   f. Construction work performed on projects funded by section sixteen-n
 of  the urban development corporation act or the downtown revitalization
 initiative;
   g. Construction work and engineering and consulting services performed
 in connection with the installation of a renewable energy system, renew-
 able heating or cooling system, or energy storage system, with a capaci-
 ty equal to or under five megawatts alternating current;
   h. Construction work performed on supermarket retail  space  built  or
 renovated  with  tax incentives provided under the food retail expansion
 to support health (FRESH) program through the New York  city  industrial
 development agency;
   i.  Construction work performed for interior fit-outs and improvements
 under  ten  thousand  square  feet  through  small  business  incubation
 programs operated by the New York city economic development corporation;
 or
   j. Construction work on space to be used as a school under sixty thou-
 sand  square  feet,  pursuant to a lease from a private owner to the New
 York city department of education and the school construction authority;
 or
   k. Construction work performed on projects that received tax  benefits
 related to historic rehabilitation pursuant to subdivision twenty-six of
 section  two  hundred  ten-B  of the tax law, subsection (oo) or (pp) of
 section six hundred six of the tax law, or subdivision  (y)  of  section
 fifteen hundred eleven of the tax law.
   5.  For  purposes  of this section, "public entity" shall include, but
 shall not be limited to, the state, a local development  corporation  as
 defined  in  subdivision  eight  of  section eighteen hundred one of the
 public authorities law or section fourteen hundred eleven  of  the  not-
 for-profit  corporation  law,  a  municipal  corporation  as  defined in
 section one hundred nineteen-n of the general municipal law,  an  indus-
 trial  development  agency  formed pursuant to article eighteen-A of the
 general municipal  law  or  industrial  development  authorities  formed
 pursuant  to article eight of the public authorities law, and any state,
 local or interstate or international authorities as defined  in  section
 two  of  the public authorities law; and shall include any trust created
 by any such entities.
   6. For purposes of this section, "construction" means work which shall
 be as defined by  the  [public  subsidy  board]  DEPARTMENT  to  require
 payment  of  prevailing  wage,  and  which may involve the employment of
 laborers, workers, or mechanics.
   7. For purposes of this section and section two hundred  twenty-four-b
 of  this article, the "fiscal officer" shall be deemed to be the commis-
 sioner.
   8. The enforcement of any construction work deemed  to  be  a  covered
 project pursuant to this section, and any additional requirements, shall
 be  subject,  in  addition  to this section, only to the requirements of
 sections two hundred twenty,  two  hundred  twenty-four-b,  two  hundred
 twenty-four-c,  and  two hundred twenty-b of this article and within the
 S. 3006--B                         168
 
 jurisdiction of the fiscal officer; provided, however, nothing contained
 in this section shall be deemed  to  construe  any  covered  project  as
 otherwise  being  considered  public  work pursuant to this article; and
 further provided:
   a.  The owner or developer of such covered project shall certify under
 penalty of perjury within five days of commencement of construction work
 whether the project at issue  is  subject  to  the  provisions  of  this
 section through the use of a standard form developed by the fiscal offi-
 cer.
   b.  The  owners  or  developers  of  a  property who are undertaking a
 project under private contract,  may  seek  guidance  from  the  [public
 subsidy  board  contained  in  section two hundred twenty-four-c of this
 article, and such board] DEPARTMENT WHICH may render an  opinion  as  to
 whether  or  not  the project is a covered project within the meaning of
 this article. Any such determination shall  not  be  reviewable  by  the
 fiscal  officer[,  nor shall it be reviewable by the department pursuant
 to section two hundred twenty of this article].
   c. The owner or developer of a covered project  shall  be  responsible
 for  retaining  original  payroll records in accordance with section two
 hundred twenty of this article for  a  period  of  six  years  from  the
 conclusion  of  such work. All payroll records maintained by an owner or
 developer pursuant to this section shall be  subject  to  inspection  on
 request of the fiscal officer. Such owner or developer may authorize the
 prime  contractor of the construction project to take responsibility for
 retaining and maintaining payroll records, but will be held jointly  and
 severally  liable  for  any  violations  of such contractor. All records
 obtained by the fiscal officer shall be subject to the Freedom of Infor-
 mation Law.
   d. (I) Each public entity providing any of the public funds listed  in
 subdivision  two  of  this section to an owner, developer, contractor or
 subcontractor of a project shall [identify] PROVIDE A CERTIFICATION,  ON
 A  FORM PROVIDED BY THE DEPARTMENT, TO BOTH THE DEPARTMENT AND RECIPIENT
 WHICH IDENTIFIES the nature and dollar value of such funds  and  whether
 any  such funds are excluded under subdivision three of this section and
 shall so notify the recipient of such funds of such determination and of
 their obligations under paragraph a of this  subdivision.  SUCH  CERTIF-
 ICATION  SHALL  BE FILED WITH THE DEPARTMENT WITHIN TWO DAYS OF THE DATE
 IN WHICH THE RECIPIENT AND PUBLIC ENTITY EXECUTED THE AGREEMENT FOR  THE
 ISSUANCE  OF  SUCH PUBLIC FUNDS. THE DEPARTMENT SHALL MAINTAIN A LIST OF
 ALL CERTIFICATIONS RECEIVED PURSUANT TO THIS PARAGRAPH, WHICH  SHALL  BE
 AVAILABLE  TO  THE  PUBLIC UPON REQUEST. THE DEPARTMENT IS AUTHORIZED TO
 REFER ANY FAILURE BY A PUBLIC ENTITY TO COMPLY WITH  THIS  PARAGRAPH  TO
 THE COMPTROLLER OR ATTORNEY GENERAL, OR BOTH, FOR FURTHER INVESTIGATION.
   (II) FOR PUBLIC FUNDS THAT PROVIDE THE RECIPIENT WITH A FUTURE BENEFIT
 OR INCENTIVES IN FUTURE YEARS, THE CERTIFICATION PROVIDED TO THE RECIPI-
 ENT  BY  THE  PUBLIC ENTITY SHALL IDENTIFY THE ESTIMATED FUTURE VALUE OF
 THE FUNDS AND THE METHODOLOGY USED BY THE PUBLIC ENTITY TO DETERMINE THE
 FUTURE VALUE. SUCH FUTURE VALUE SHALL NOT BE LESS THAN ANY  CALCULATIONS
 MADE  BY  THE RECIPIENT IN PUBLIC OR PRIVATE FINANCING DOCUMENTS RELATED
 TO THE PROJECT. THE DEPARTMENT,  UPON  INVESTIGATION,  MAY  REJECT  THIS
 ESTIMATION  AND CALCULATE A FUTURE VALUE IN ACCORDANCE WITH SUBPARAGRAPH
 (III) OF THIS PARAGRAPH.
   (III) WHERE THE PUBLIC ENTITY FAILS TO  PROVIDE  AN  ESTIMATED  FUTURE
 VALUE  OF  FUNDS BASED ON A REASONABLE METHODOLOGY, THE DEPARTMENT SHALL
 DETERMINE THE ESTIMATED FUTURE VALUE OF FUNDS BY APPLYING TO THE PRESENT
 S. 3006--B                         169
 
 VALUE OF THE FUNDS AN ANNUAL GROWTH OF NOT LESS THAN TWO PERCENT  AND  A
 DISCOUNTED PRESENT VALUE RATE OF NOT MORE THAN SEVEN PERCENT.
   (IV)  THE DEPARTMENT SHALL ISSUE GUIDANCE ON THIS SUBDIVISION, INCLUD-
 ING THE CERTIFICATION FORM AND FUTURE BENEFIT CALCULATIONS, WITHIN THIR-
 TY DAYS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
 TWENTY-FIVE THAT AMENDED THIS PARAGRAPH.
   e. The fiscal officer may issue rules and  regulations  governing  the
 provisions  of this section. Violations of this section shall be grounds
 for determinations and orders pursuant to section two  hundred  twenty-b
 of this article.
   9.  Each  owner  and  developer  subject  to  the requirements of this
 section shall comply with the  objectives  and  goals  of  minority  and
 women-owned  business  enterprises  pursuant to article fifteen-A of the
 executive law and service-disabled veteran-owned businesses pursuant  to
 article  [seventeen-B  of  the  executive  law]  THREE  OF THE VETERANS'
 SERVICES LAW. The department in consultation with the directors  of  the
 division  of  minority and women's business development and of the divi-
 sion of  service-disabled  veterans'  business  development  shall  make
 training  and  resources  available  to  assist minority and women-owned
 business enterprises and service-disabled veteran-owned business  enter-
 prises on covered projects achieve and maintain compliance with prevail-
 ing  wage  requirements.  The  department  shall  make such training and
 resources available online and shall  afford  minority  and  women-owned
 business  enterprises and service-disabled veteran-owned business enter-
 prises an opportunity to submit comments on such training.
   10. a. The fiscal officer shall report to the governor, the  temporary
 president  of the senate, and the speaker of the assembly by July first,
 two thousand twenty-two, and annually thereafter, on  the  participation
 of  minority and women-owned business enterprises in relation to covered
 projects and contracts for public work subject to the provisions of this
 section and section two hundred twenty of this article  respectively  as
 well  as  the  diversity  practices  of  contractors  and subcontractors
 employing laborers, workers, and mechanics on such projects.
   b. Such reports shall include aggregated data on the  utilization  and
 participation  of  minority  and  women-owned  business enterprises, the
 employment of minorities and women in construction-related jobs on  such
 projects,  and  the commitment of contractors and subcontractors on such
 projects to adopting practices and policies that promote diversity with-
 in the workforce. The reports  shall  also  examine  the  compliance  of
 contractors  and  subcontractors with other equal employment opportunity
 requirements and anti-discrimination laws,  in  addition  to  any  other
 employment practices deemed pertinent by the commissioner.
   c.  The  fiscal officer may require any owner or developer to disclose
 information on the participation of minority  and  women-owned  business
 enterprises  and  the diversity practices of contractors and subcontrac-
 tors involved in the performance of any covered project. It shall be the
 duty of the fiscal officer to consult and to share such  information  in
 order to effectuate the requirements of this section.
   11. If construction work is not deemed to be a covered project, wheth-
 er  by  virtue of an exclusion of such project under subdivision four of
 this section, or by virtue or not receiving sufficient public  money  to
 be  deemed  "paid  for  in  whole  or in part out of public funds", such
 project shall not be subject to the requirements of sections two hundred
 twenty and two hundred twenty-b of this article.
   § 2. Section 224-c of the labor law is REPEALED.
 S. 3006--B                         170

   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.
 
                                 PART PPP
 
   Section 1. Statement of legislative findings and purpose. It is hereby
 declared  that there exists in this state a lack of property and liabil-
 ity insurance for affordable housing developments; that lack of insurers
 available for affordable housing fosters premiums that are so costly  as
 to  drive  up  operating  expenses  for developments significantly; that
 operating expenses threaten the long-term financial viability of afford-
 able housing developments in this state;  that  insurance  captives  may
 lower  insurance costs for affordable housing developments; that further
 study is required to determine the feasibility and the value  of  estab-
 lishing  insurance captives for affordable housing subject to government
 regulatory agreements; and the necessity in the public interest for  the
 provisions  hereinafter enacted is hereby declared as a matter of legis-
 lative determination.
   § 2. (a) The division of housing and community renewal,  in  consulta-
 tion  with the department of financial services, shall conduct an analy-
 sis of the feasibility and risk of establishing group insurance captives
 in the state of New York for the purpose of insuring affordable  housing
 that  has  a regulatory agreement with a city, state, or federal entity.
 The division of housing and community  renewal  shall  contract  with  a
 third-party  consultant  to  conduct  such  analysis, provided that such
 study shall be completed by a qualified independent actuary. Such analy-
 sis shall include, but not be limited to, the following:
   1. The actuarial risks and feasibility associated with the creation of
 such insurance captives in the state, excluding a city with a population
 of one million or more;
   2. A measurement of value  of  such  insurance  captives  relative  to
 financing  risk  utilizing  commercial  insurance  or self-financing, in
 aggregate and broken out by type of insurance, such as  general  liabil-
 ity, property, automotive, workers' compensation, and flood insurance;
   3.  The  advantages  and  disadvantages of potential insurance captive
 structures; and
   4. A domicile analysis.
   (b) Such analysis may include  the  actuarial  risks  and  feasibility
 associated  with  the  creation  of such insurance captives in the state
 that consolidate with or also include a city with a  population  of  one
 million or more.
   (c)  Such analysis shall be made public by the division of housing and
 community renewal on its website no later than one year from the  effec-
 tive  date of this act. A copy of such analysis shall be provided to the
 governor, the temporary president of the senate, and the speaker of  the
 assembly.
   §  3.  This  act shall take effect immediately and shall expire and be
 deemed repealed 1 year after such date.
 
                                 PART QQQ
 
   Section 1. The public housing law is amended by adding a  new  section
 20-a to read as follows:
   §  20-A.  PUBLIC  REPORTING.  1.  THE COMMISSIONER SHALL, ON OR BEFORE
 OCTOBER FIRST IN EACH YEAR BEGINNING IN THE YEAR  TWO  THOUSAND  TWENTY-
 FIVE, PUBLISH DATA PERTAINING TO CAPITAL PROGRAMS AND/OR PROJECTS OF THE
 S. 3006--B                         171

 DIVISION AND ANY AMENDMENTS TO SUCH PROGRAMS AS REQUIRED BY THIS SECTION
 ON THE DIVISION'S WEBSITE IN A COMMON, MACHINE READABLE FORMAT.
   2. AT A MINIMUM, INDIVIDUAL CAPITAL PROJECT DATA FOR PROJECTS THAT ARE
 COMMITTED FOR CONSTRUCTION SHALL BE INCLUDED IN A PUBLIC REPORTING DASH-
 BOARD  MAINTAINED  BY  THE  DIVISION  ON  ITS WEBSITE. ANY SUMMARY VIEWS
 PROVIDED ON THE WEBSITE SHALL INCLUDE THE ORIGINAL BUDGETS AT  THE  TIME
 OF PROJECT COMMITMENT WHEN SCOPE AND BUDGET ARE DEFINED, PROJECT SCOPES,
 AND  SCHEDULES,  IN  ADDITION  TO  CURRENT  OR  AMENDED BUDGETS, PROJECT
 SCOPES, AND SCHEDULES. DATA  PERTAINING  TO  INDIVIDUAL  PROJECTS  SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (A)  THE CAPITAL PROJECT IDENTIFICATION NUMBER DELINEATED BY THE DIVI-
 SION, CATEGORY, ELEMENT AND PROJECT AS USED IN THE CAPITAL PROGRAM;
   (B) THE CAPITAL PLAN YEARS;
   (C) THE AGENCY OR ENTITY UNDERTAKING THE PROJECT;
   (D) THE PROJECT DESCRIPTION;
   (E) THE PROJECT LOCATION, INCLUDING COUNTY;
   (F) THE CONSTRUCTION START DATE FOR EACH PROJECT;
   (G) THE REAL OR PROJECTED DATE OF OCCUPANCY FOR THE PROJECT  FOLLOWING
 COMPLETION;
   (H) THE NUMBER OF UNITS CREATED AND/OR PRESERVED IN EACH PROJECT;
   (I) THE NUMBER OF SUPPORTIVE UNITS, AFFORDABLE UNITS, AND UNRESTRICTED
 UNITS CREATED AND/OR PRESERVED IN EACH PROJECT;
   (J) THE INCOME ELIGIBILITY REQUIREMENTS FOR THE PROJECT;
   (K) THE SOURCES OF PUBLIC FUNDING UTILIZED TO FINANCE THE PROJECT;
   (L)  THE  APPROXIMATE AMOUNT OF PUBLIC FUNDING UTILIZED TO FINANCE THE
 PROJECT, BROKEN DOWN BY SOURCE;
   (M) THE APPROXIMATE AMOUNT OF PRIVATE FUNDING UTILIZED TO FINANCE  THE
 PROJECT;
   (N)  THE  CAPITAL  NEEDS  CODE  OF  THE PROJECT, SUCH AS STATE OF GOOD
 REPAIR, NORMAL REPLACEMENT,  SYSTEM  IMPROVEMENT,  SYSTEM  EXPANSION  OR
 OTHER CATEGORY; AND
   (O)  BUDGET  INFORMATION  INCLUDING THE ORIGINAL BUDGET AT THE TIME OF
 PROJECT COMMITMENT WHEN SCOPE AND BUDGET ARE  DEFINED,  ALL  AMENDMENTS,
 THE CURRENT BUDGET AND PLANNED ANNUAL ALLOCATIONS.
   3.  THE  STATUS  OF  PROJECTS  SHALL BE PROVIDED AND STATE THE CURRENT
 PHASE  OF  THE  PROJECT,  SUCH  AS  PLANNING,  DESIGN,  CONSTRUCTION  OR
 COMPLETION,  AND SHALL STATE HOW FAR THE PROJECT HAS PROGRESSED AS MEAS-
 URED IN PERCENTAGE BY EXPENDITURE. THE DASHBOARD SHALL MEASURE  PROGRESS
 BASED  ON  ORIGINAL BUDGETS AT THE TIME OF PROJECT COMMITMENT WHEN SCOPE
 AND BUDGET ARE DEFINED. AT A MINIMUM, ALL CHANGES TO PLANNED BUDGETS  OF
 GREATER  THAN TEN PERCENT, SIGNIFICANT PROJECT SCOPE OR A THREE-MONTH OR
 MORE CHANGE IN SCHEDULE SHALL BE PROVIDED IN NARRATIVE FORM AND DESCRIBE
 THE REASON FOR EACH CHANGE OR AMENDMENT. THE DASHBOARD SHALL  INCLUDE  A
 GLOSSARY  OR  DATA DICTIONARY WHICH CONTAINS PLAIN LANGUAGE DESCRIPTIONS
 OF THE DATA, INCLUDING INDIVIDUAL PROJECT DATA, AND ANY  OTHER  INFORMA-
 TION  PROVIDED  ON  THE  DASHBOARD. THE DASHBOARD SHALL BE UPDATED, AT A
 MINIMUM, ON A QUARTERLY BASIS, AND ALL  DATA  FIELDS  AVAILABLE  ON  THE
 DASHBOARD SHALL BE MADE AVAILABLE FOR DOWNLOAD ON THE DIVISION'S WEBSITE
 IN  A  SINGLE  TABULAR  DATA  FILE IN A COMMON, MACHINE-READABLE FORMAT.
 CAPITAL DASHBOARD DATA SHALL ALSO BE MADE ACCESSIBLE IN ACCORDANCE  WITH
 THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION.
   4. THE DATA REQUIRED TO BE PUBLISHED PURSUANT TO THIS SECTION SHALL BE
 MADE  IN TABULAR DATA FILE OR FILES IN A COMMON, MACHINE READABLE FORMAT
 AND SHALL BE ACCESSIBLE  ON  THE  DIVISION'S  WEBSITE  AND  THE  WEBSITE
 DATA.NY.GOV  OR SUCH OTHER SUCCESSOR WEBSITE MAINTAINED BY, OR ON BEHALF
 OF, THE STATE, AS DEEMED APPROPRIATE BY THE NEW  YORK  STATE  OFFICE  OF
 S. 3006--B                         172
 
 INFORMATION TECHNOLOGY SERVICES UNDER EXECUTIVE ORDER NUMBER NINETY-FIVE
 OF TWO THOUSAND THIRTEEN, OR ANY SUCCESSOR AGENCY OR ORDER.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
                                 PART RRR
 
   Section 1. The private housing finance law is amended by adding a  new
 article 33 to read as follows:
                                 ARTICLE 33
               GREEN AFFORDABLE PRE-ELECTRIFICATION PROGRAM
 SECTION 1300. SHORT TITLE.
         1301. LEGISLATIVE INTENT.
         1302. GREEN AFFORDABLE PRE-ELECTRIFICATION PROGRAM.
         1303. SEVERABILITY.
   § 1300. SHORT  TITLE.  THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "GREEN AFFORDABLE PRE-ELECTRIFICATION FUND" (GAP FUND).
   § 1301. LEGISLATIVE INTENT. THE LEGISLATURE FINDS THAT  A  SIGNIFICANT
 PORTION  OF  THE STATE'S RESIDENTIAL BUILDINGS ARE OLD AND IN DISREPAIR.
 THIS LIMITS THE SUITABILITY AND ELIGIBILITY OF LOW- AND  MODERATE-INCOME
 HOUSEHOLDS FOR RESIDENTIAL ENERGY EFFICIENCY, ELECTRIFICATION, WEATHERI-
 ZATION, INSTALLATION OF INSULATION, AND RESILIENCY PROGRAMS.  THERE IS A
 CRITICAL NEED TO IDENTIFY AND REMEDIATE ENVIRONMENTAL HAZARDS LIKE MOLD,
 LEAD-BASED  PAINT,  AND  FRIABLE  ASBESTOS,  WATER INTRUSION, INDOOR AIR
 POLLUTION, AND OTHER HAZARDS BEFORE INSULATION AND AIR SEALING TO ENSURE
 THAT ANY RENOVATIONS TO THE HOME  DO  NOT  CREATE  OR  EXACERBATE  TOXIC
 CONDITIONS.  THESE PROGRAMS OFTEN DO NOT COVER THE COSTS ASSOCIATED WITH
 RENOVATIONS THAT WOULD MAKE  SUCH  HOMES  ELIGIBLE  FOR  SUCH  PROGRAMS.
 GIVEN  THE  LIMITATION OF THESE PROGRAMS TO HELP MAKE THESE HOMES ELIGI-
 BLE, THERE IS A CRITICAL NEED TO FUND SUCH IMPROVEMENTS IF THE STATE  IS
 TO  COMPREHENSIVELY  REDUCE  EMISSIONS  FROM  RESIDENTIAL  BUILDINGS AND
 ACHIEVE OUR CLIMATE GOALS. THIS NEED WAS RECOGNIZED BY THE STATE CLIMATE
 ACTION COUNCIL IN THEIR TWO  THOUSAND  TWENTY-TWO  FINAL  SCOPING  PLAN,
 WHICH  STATED:  "THE STATE SHOULD CREATE A NEW RETROFIT AND ELECTRIFICA-
 TION READINESS FUND FOR LMI (LOW-MODERATE INCOME) HOUSEHOLDS, AFFORDABLE
 HOUSING, RENT REGULATED HOUSING, PUBLIC HOUSING, AND RESIDENTIAL  BUILD-
 INGS  IN DISADVANTAGED COMMUNITIES TO COVER COSTS OF NON-ENERGY BUILDING
 IMPROVEMENTS THAT ARE NECESSARY TO INSTALL ENERGY MEASURES AND BROADBAND
 INSTALLATION COSTS WHEN FUNDING ENERGY PROJECTS."
   § 1302. GREEN AFFORDABLE PRE-ELECTRIFICATION PROGRAM. 1.  DEFINITIONS.
 FOR THE PURPOSES OF THIS ARTICLE:
   (A) "RESIDENTIAL BUILDING" SHALL MEAN A RESIDENTIAL DWELLING WHICH  IS
 OWNER OR TENANT OCCUPIED.
   (B)  "ELIGIBLE  APPLICANT" SHALL MEAN AN OWNER OR TENANT OF A RESIDEN-
 TIAL BUILDING WHO WOULD BE INELIGIBLE FOR, OR WHO HAS BEEN  DENIED,  ANY
 LOCAL,  STATE  OR  FEDERAL  INCENTIVES, ASSISTANCE, SUBSIDIES, GRANTS OR
 LOANS FOR IMPROVEMENTS OR PROJECTS RELATING TO  ENERGY  SAVINGS,  GREEN-
 HOUSE GAS EMISSIONS REDUCTIONS, CLIMATE CHANGE ADAPTATION AND RESILIENCY
 DUE TO STRUCTURAL DEFICIENCIES, HEALTH HAZARDS, OR CODE VIOLATIONS WHICH
 MAKE THE BUILDING OR PROPERTY INELIGIBLE OR UNSUITABLE FOR SUCH IMPROVE-
 MENTS  OR  PROJECTS. THE DIVISION MAY ALSO INCLUDE AS AN ELIGIBLE APPLI-
 CANT; A CITY, TOWN OR VILLAGE; A HOUSING DEVELOPMENT FUND COMPANY INCOR-
 PORATED PURSUANT TO ARTICLE ELEVEN OF THIS CHAPTER WHICH HAS AS  ONE  OF
 ITS  PRIMARY  PURPOSES  THE  IMPROVEMENT OF HOUSING; A MUNICIPAL HOUSING
 AUTHORITY CREATED PURSUANT TO THE PUBLIC HOUSING LAW; A  PUBLIC  BENEFIT
 CORPORATION  FORMED TO ASSIST PARTICULAR MUNICIPALITIES WITH THEIR HOUS-
 S. 3006--B                         173

 ING, COMMUNITY DEVELOPMENT OR RENEWAL  NEEDS;  OR  A  COUNTY,  PROVIDED,
 HOWEVER,  THAT  THE  COUNTY  ACTS AS AN ADMINISTRATOR OF A PROGRAM UNDER
 WHICH PROJECTS ARE  CONSTRUCTED,  REHABILITATED  OR  IMPROVED  BY  OTHER
 ELIGIBLE APPLICANTS OR ACTS IN ANY OTHER CAPACITY AS PERMITTED BY LAW.
   (C)  "FINANCIAL  AWARDS"  SHALL  MEAN  INCENTIVES, GRANTS OR LOANS, AS
 DETERMINED APPROPRIATE BY THE DIVISION.
   (D) "ELIGIBLE REHABILITATION PROJECTS" SHALL MEAN ANY  WORK  NECESSARY
 TO BRING A COMPLETE STRUCTURE OR UNIT OF A STRUCTURE, WHERE APPROPRIATE,
 INTO  COMPLIANCE WITH APPLICABLE BUILDING CODES AND REGULATIONS OR OTHER
 IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO REPAIRS, UPGRADES, REMOVAL OR
 MITIGATION OF HEALTH HAZARDS, SUCH AS MOLD,  LEAD,  ASBESTOS,  RADON  OR
 TESTS,  REPLACEMENT  OF  INSULATION,  AIR  SEALING, VENTILATION SYSTEMS,
 SEPTIC AND PLUMBING SYSTEMS, ROOF REPAIRS OR REPLACEMENTS, WATER  INTRU-
 SION MITIGATION, FOUNDATION REPAIR, WALL REPAIR, MOISTURE CONTROL, ELEC-
 TRICAL  UPGRADES,  CORRECTING  POTENTIAL  ELECTRICAL  HAZARDS,  AND SAFE
 REPAIR OR REMOVAL OF FOSSIL FUEL SYSTEMS  WHICH  ARE  NEEDED  TO  ENABLE
 PARTICIPATION  IN LOCAL, STATE, OR FEDERAL PROGRAMS, INCENTIVES, GRANTS,
 OR LOANS FOR IMPLEMENTING HOME  IMPROVEMENTS  REGARDING  CLIMATE  CHANGE
 ADAPTATION, MITIGATION AND RESILIENCY OR ECONOMIC EFFICIENCY, INCLUDING,
 BUT  NOT LIMITED TO, ENERGY EFFICIENCY, ELECTRIFICATION, WEATHERIZATION,
 OR THE INSTALLATION OF INSULATION.  PROJECTS UNDER THIS SECTION MAY ALSO
 INCLUDE MEASURES NEEDED TO MAKE THE DWELLING ACCESSIBLE  TO  INDIVIDUALS
 WITH DISABILITIES WHEN THOSE MEASURES ARE COMBINED WITH OTHER QUALIFYING
 MEASURES.    PROJECTS UNDER THIS SECTION SHALL NOT INCLUDE THE INSTALLA-
 TION, OR UPDATING OF EQUIPMENT WHICH USES FOSSIL  FUELS  INCLUDING,  BUT
 NOT  LIMITED  TO,  GASOLINE,  NATURAL  GAS, DIESEL, HOME HEATING OIL, OR
 COAL.
   (E) "DIVISION" MEANS THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
   2. GENERAL AND ADMINISTRATIVE PROVISIONS. THE DIVISION  SHALL  PROMUL-
 GATE  RULES  AND  REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION, IN
 CONSULTATION WITH THE NEW YORK STATE  ENERGY  RESEARCH  AND  DEVELOPMENT
 AUTHORITY,  TO  PROVIDE  FINANCIAL  AND  TECHNICAL  ASSISTANCE  FOR  THE
 COMPLETION OF ELIGIBLE REHABILITATION PROJECTS.  SUCH  RULES  AND  REGU-
 LATIONS  SHALL INCLUDE PROVISIONS CONCERNING THE ELIGIBILITY OF GRANTEES
 FOR STATE FINANCIAL AWARDS; FUNDING CRITERIA AND  THE  FUNDING  DETERMI-
 NATION  PROCESS;  SUPERVISION  AND  EVALUATION OF THE AWARDEES; AND SUCH
 OTHER MATTERS NOT INCONSISTENT WITH THE PURPOSES AND PROVISIONS OF  THIS
 SECTION AS THE DIVISION SHALL DEEM NECESSARY.  THE RULES AND REGULATIONS
 SHALL  REQUIRE  AWARDEES TO CONDUCT AN INSPECTION AND RISK ASSESSMENT TO
 DETERMINE IF THE HOME CONTAINS ANY HAZARDOUS CONDITION DUE TO THE  PRES-
 ENCE  OF LEAD-BASED PAINT, MOLD, OR FRIABLE ASBESTOS. THE INSPECTION AND
 RISK ASSESSMENT MAY BE PAID FOR WITH THE FINANCIAL AWARD IF THE OFFICIAL
 REPORTS ARE PROVIDED TO THE DIVISION.  THE DIVISION MAY PROVIDE  TECHNI-
 CAL  SERVICES  AND ASSISTANCE, OR CONTRACT TO PROVIDE TECHNICAL SERVICES
 AND ASSISTANCE, TO AWARDEES TO FACILITATE COMPLIANCE WITH THE PROVISIONS
 AND INTENT OF THIS SECTION WHICH MAY INCLUDE, BUT SHALL NOT  BE  LIMITED
 TO,  CONSTRUCTION SKILLS TRAINING, HOME INSPECTION, FINANCIAL PACKAGING,
 AND ENGINEERING AND ARCHITECTURAL SERVICES NECESSARY FOR THE PREPARATION
 OF PROPOSALS FOR ENTERING INTO CONTRACTS OR FOR THE CONTINUED  OPERATION
 OF PROJECTS.
   3.  GREEN REHABILITATION CONTRACTS. (A) SUBJECT TO APPROPRIATIONS FROM
 THE SUSTAINABLE FUTURE PROGRAM AND ANY OTHER SOURCE  IDENTIFIED  BY  THE
 DIVISION, THE DIVISION IS HEREBY AUTHORIZED TO ENTER INTO CONTRACTS WITH
 ELIGIBLE  APPLICANTS  TO  PROVIDE FINANCIAL AWARDS FOR THE COMPLETION OF
 ELIGIBLE REHABILITATION PROJECTS, SUBJECT TO THE TERMS AND CONDITIONS OF
 THIS SECTION. ANY FINANCIAL AWARD RECEIVED BY A  MUNICIPALITY  HEREUNDER
 S. 3006--B                         174
 
 SHALL  NOT  BE  DEEMED  TO BE MUNICIPAL FUNDS.   RECIPIENTS OF FINANCIAL
 AWARDS SHALL UTILIZE FUNDS PROVIDED PURSUANT TO THIS SECTION  SOLELY  TO
 COVER  OR  REDUCE  THE  COST OF ELIGIBLE REHABILITATION PROJECTS.   SUCH
 FUNDS  AS  MAY  BE  APPROPRIATED  SHALL  BE EQUITABLY DIVIDED ACROSS THE
 STATE'S TEN REGIONS, INCLUDING WESTERN NEW YORK, THE FINGER  LAKES,  THE
 SOUTHERN  TIER, CENTRAL NEW YORK, THE MOHAWK VALLEY, THE CAPITAL REGION,
 MID-HUDSON REGION, NEW YORK CITY, LONG ISLAND, AND  THE  NORTH  COUNTRY.
 AWARDS  SHALL BE MADE WITH THE GOAL OF PRIORITIZING DISADVANTAGED COMMU-
 NITIES, AS DEFINED IN SECTION 75-0101 OF THE ENVIRONMENTAL  CONSERVATION
 LAW  AND  USING  CRITERIA DEVELOPED BY THE CLIMATE JUSTICE WORKING GROUP
 PURSUANT TO SECTION 75-0111 OF THE ENVIRONMENTAL  CONSERVATION  LAW,  TO
 RECEIVE NO LESS THAN FORTY PERCENT OF THE OVERALL AMOUNT AWARDED.
   (B)  THE DIVISION SHALL STREAMLINE THE APPLICATION PROCESS BY INCORPO-
 RATING THE GREEN AFFORDABLE PRE-ELECTRIFICATION PROGRAM INTO THE  ELIGI-
 BILITY SECTION OF EXISTING PROGRAM APPLICATIONS OFFERED BY THE DIVISION.
   (C)  APPLICANTS  MAY APPLY TO THE GREEN AFFORDABLE PRE-ELECTRIFICATION
 PROGRAM CONCURRENTLY WITH OTHER EXISTING PROGRAMS UPON  THE  APPLICANT'S
 PROVISION OF INFORMATION DETAILING ELIGIBLE REHABILITATION PROJECTS THAT
 WOULD  CAUSE  THE  APPLICANT  TO  BE DENIED FUNDING UNDER OTHER EXISTING
 PROGRAMS. NOTWITHSTANDING ANY SECTION  OF  LAW  TO  THE  CONTRARY,  SUCH
 CONCURRENT  APPLICATION  OR  THE  PROVISION  OF A FINANCIAL AWARD BY THE
 DIVISION SHALL NOT BE CAUSE TO DENY THE APPLICATION  FOR  FUNDING  UNDER
 OTHER EXISTING PROGRAMS.
   (D) FINANCIAL AWARDS PROVIDED PURSUANT TO THIS SECTION SHALL COVER ONE
 HUNDRED  PERCENT  OF ASSOCIATED COSTS FOR OWNERS OR TENANTS WITH INCOMES
 UP TO EIGHTY PERCENT OF THE STATE MEDIAN INCOME OR AREA  MEDIAN  INCOME,
 WHICHEVER  IS  GREATER, AND SEVENTY-FIVE PERCENT OF ASSOCIATED COSTS FOR
 OWNERS OR TENANTS WITH INCOMES BETWEEN EIGHTY-ONE AND ONE HUNDRED  FIFTY
 PERCENT  OF  THE STATE MEDIAN INCOME OR AREA MEDIAN INCOME, WHICHEVER IS
 GREATER.  NOTWITHSTANDING THE FOREGOING, THE  AUTHORITY  MAY  CAP  TOTAL
 FINANCIAL AWARDS FOR EACH PROJECT PURSUANT TO THE FOLLOWING SCHEDULE:
   (I)  FOR  A RESIDENTIAL BUILDING WITH UP TO FOUR DWELLING UNITS: (A) A
 MAXIMUM AWARD OF FORTY THOUSAND DOLLARS  MULTIPLIED  BY  THE  NUMBER  OF
 UNITS  IN THE BUILDING WHERE OWNERS OR TENANTS HAVE INCOMES UP TO EIGHTY
 PERCENT OF THE STATE OR THE AREA MEDIAN INCOME,  WHICHEVER  IS  GREATER;
 AND  (B)  A  MAXIMUM AWARD OF THIRTY-FIVE THOUSAND DOLLARS MULTIPLIED BY
 THE NUMBER OF UNITS IN THE BUILDING WHERE OWNERS OR TENANTS HAVE INCOMES
 BETWEEN EIGHTY-ONE AND ONE HUNDRED FIFTY PERCENT OF  THE  STATE  OR  THE
 AREA MEDIAN INCOME, WHICHEVER IS GREATER;
   (II)  FOR  A  RESIDENTIAL  BUILDING  WITH MORE THAN FOUR BUT LESS THAN
 FIFTY DWELLING UNITS:  (A)  A  MAXIMUM  AWARD  OF  TWENTY-FIVE  THOUSAND
 DOLLARS  MULTIPLIED  BY THE NUMBER OF UNITS IN THE BUILDING WHERE OWNERS
 OR TENANTS HAVE INCOMES UP TO EIGHTY PERCENT OF THE STATE  OR  THE  AREA
 MEDIAN  INCOME,  WHICHEVER IS GREATER; AND (B) A MAXIMUM AWARD OF TWENTY
 THOUSAND DOLLARS MULTIPLIED BY THE NUMBER OF UNITS IN THE BUILDING WHERE
 OWNERS OR TENANTS HAVE INCOMES BETWEEN EIGHTY-ONE AND ONE HUNDRED  FIFTY
 PERCENT  OF  THE  STATE OR THE AREA MEDIAN INCOME, WHICHEVER IS GREATER;
 AND
   (III) FOR A RESIDENTIAL BUILDING WITH MORE THAN FIFTY DWELLING UNITS A
 MAXIMUM AWARD OF FIFTEEN THOUSAND DOLLARS MULTIPLIED BY  THE  NUMBER  OF
 UNITS  IN  THE  BUILDING  WHERE OWNERS OR TENANTS HAVE INCOMES UP TO ONE
 HUNDRED FIFTY PERCENT OF THE STATE OR THE AREA MEDIAN INCOME,  WHICHEVER
 IS GREATER.
   (E)  THE  DIVISION  MAY CAP TOTAL FINANCIAL AWARDS FOR EACH PROJECT OR
 EACH INDIVIDUAL IMPROVEMENT WITHIN A PROJECT TO ENSURE THAT EACH  NECES-
 S. 3006--B                         175
 
 SARY  IMPROVEMENT IS MADE, AS LONG AS THE CAP DOES NOT CREATE A SINGULAR
 OBSTACLE TO THE COMPLETION OF AN ELIGIBLE REHABILITATION PROJECT.
   (F) THE DIVISION SHALL PROVIDE AN ANSWER TO THE APPLICANT WITHIN SIXTY
 DAYS AFTER IT RECEIVES AN APPLICATION, STATING WHETHER OR NOT THE APPLI-
 CANT IS ELIGIBLE FOR FUNDING, IF MORE INFORMATION IS NEEDED TO DETERMINE
 ELIGIBILITY,  AND  WHETHER  SUCH  FUNDING HAS BEEN AWARDED. THE DIVISION
 SHALL ALSO STATE THE CAP AMOUNTS FOR EACH PROJECT  OR  EACH  IMPROVEMENT
 WITHIN EACH PROJECT IN ITS RESPONSE.
   (G)  THE  ELIGIBLE APPLICANT SHALL BE RESPONSIBLE TO SECURE ALL NECES-
 SARY DESCRIPTIONS OF  EXPENSES  FOR  ELIGIBLE  PROJECTS  AND  ASSOCIATED
 COSTS.
   (H)  ELIGIBLE  REHABILITATION PROJECTS, IF NOT COMPLETED BY A NOT-FOR-
 PROFIT CORPORATION, MAY BE  COMPLETED  BY  A  DIVISION-APPROVED  PRIVATE
 CONTRACTOR  HEADQUARTERED  IN  NEW YORK STATE OR WITHIN TEN MILES OF THE
 BORDER OF NEW YORK STATE WITH ANOTHER STATE.  THE DIVISION SHALL  ESTAB-
 LISH  COST  CONTROL  MEASURES  SUCH  AS  PER-MEASURE PAYMENT FORMULAS TO
 ENSURE PRICES CHARGED BY CONTRACTORS ARE REASONABLE.
   (I) THE DIVISION SHALL PRIORITIZE THE CONTRACTING OF FINANCIAL  AWARDS
 TO PROJECTS LOCATED WITHIN AN AREA WHICH IS A DISADVANTAGED COMMUNITY AS
 DEFINED  IN  SECTION  75-0101  OF  THE  ENVIRONMENTAL  CONSERVATION LAW,
 BLIGHTED, DETERIORATED OR DETERIORATING, OR HAS A BLIGHTING INFLUENCE ON
 THE SURROUNDING AREA, OR IS IN DANGER OF BECOMING A SLUM OR  A  BLIGHTED
 AREA  BECAUSE OF THE EXISTENCE OF SUBSTANDARD, UNSANITARY, DETERIORATING
 OR DETERIORATED CONDITIONS, AGED HOUSING STOCK, OR  VACANT  NON-RESIDEN-
 TIAL PROPERTY, OR OTHER FACTORS INDICATING AN INABILITY OR UNWILLINGNESS
 OF  THE  PRIVATE SECTOR UNAIDED TO CAUSE THE REHABILITATION OF HOMES FOR
 WHICH FINANCIAL AWARDS UNDER THIS SECTION ARE PROVIDED.
   (J) THE DIVISION SHALL COMPILE A LIST OF ELIGIBLE  CONTRACTORS  ORGAN-
 IZED BY REGION TO FACILITATE PROJECTS UNDER THIS PROGRAM.
   (K)  THE  DIVISION  SHALL PROVIDE APPLICANTS WITH A LIST OF CONDITIONS
 THAT SHALL BE MET PRIOR TO ENTERING INTO A  CONTRACT  PURSUANT  TO  THIS
 SECTION.  WITHIN  FIFTEEN WORKING DAYS OF RECEIPT BY THE DIVISION OF ALL
 DOCUMENTS IN SATISFACTION OF THE LIST, THE  DIVISION  SHALL  NOTIFY  THE
 APPLICANT  OF  THE  SUFFICIENCY  OR  INSUFFICIENCY OF THE DOCUMENTATION.
 AFTER SATISFACTION BY THE APPLICANT OF ALL CONDITIONS  REQUIRED  BY  THE
 DIVISION, AND A DETERMINATION OF ELIGIBILITY FOR THE AWARD, THE DIVISION
 SHALL  ENTER  INTO THE CONTRACT WITHIN FORTY-FIVE WORKING DAYS OF SATIS-
 FACTION OF SUCH CONDITIONS PROVIDED, HOWEVER, THAT SUFFICIENT FUNDING IS
 AVAILABLE.
   (L) IN THE CASE OF PROJECTS THAT  RECEIVE  FINANCIAL  AWARDS  OF  OVER
 FORTY  THOUSAND  DOLLARS, THE DIVISION MAY ESTABLISH RESTRICTIONS ON THE
 SALE OF THE RESIDENCE OR ITS SUBUNITS TO QUALIFIED LOW-INCOME HOMEBUYERS
 FOR A PERIOD OF AT LEAST SIXTY  YEARS,  BUT  NO  MORE  THAN  NINETY-NINE
 YEARS,  AND  THE  DIVISION  MAY  ENSURE  THIS RESTRICTION BY USE OF DEED
 RESTRICTIONS,  COMMUNITY  LAND  TRUSTS,  OR  LIMITED-EQUITY  COOPERATIVE
 OWNERSHIP STRUCTURES.
   (M)  FOR  ALL  PROJECTS  THAT  RECEIVE FINANCIAL AWARDS, THE FOLLOWING
 RESTRICTIONS SHALL APPLY AND BE IN FORCE FOR A PERIOD OF NOT  LESS  THAN
 FIVE  YEARS:  (I)  THE OWNER OF A BUILDING ASSISTED WITH GAP FUNDS SHALL
 NOT RAISE THE RENT OF ANY UNITS MORE THAN THREE PERCENT ANNUALLY IN  THE
 BUILDING  OR,  WHERE  APPLICABLE,  THE  MAXIMUM  RATE OF RENT ADJUSTMENT
 PROVIDED FOR IN SECTION FOUR OF THE EMERGENCY TENANT PROTECTION  ACT  OF
 NINETEEN  HUNDRED  SEVENTY-FOUR OR SECTION FOUR OF THE EMERGENCY HOUSING
 RENT CONTROL LAW, WHICHEVER IS LOWER; AND (II) AN OWNER  OF  A  BUILDING
 ASSISTED  WITH  GAP FUNDS MAY NOT EVICT, HARASS, OR INVOLUNTARILY REMOVE
 ANY TENANT IN A BUILDING WHOSE OWNER HAS ENTERED INTO AN AGREEMENT  WITH
 S. 3006--B                         176
 
 THE  STATE  PURSUANT  TO  THIS  ARTICLE,  EXCEPT  FOR CAUSES PROVIDED IN
 SECTION TWO HUNDRED SIXTEEN OF THE REAL PROPERTY LAW.
   (N)  THE  OWNER  AND  THE  DIVISION  SHALL  BE JOINTLY RESPONSIBLE FOR
 INFORMING TENANTS IN A BUILDING ABOUT ANY UPCOMING PROJECT FOR WHICH GAP
 FUNDS HAVE BEEN AWARDED AND WHICH  MAY  IMPACT  THEM  AND  OF  INFORMING
 TENANTS  ABOUT THE BUILDING OWNER AGREEMENT WITH THE STATE MADE PURSUANT
 TO THE AWARD OF GAP FUNDS FOR THE PROJECT. THE  DIVISION  SHALL  PROVIDE
 OWNERS  WITH  TEMPLATES  FOR  A  TENANT  SYNOPSIS AND NOTIFICATION TO BE
 PLACED IN COMMON AREAS OF THE BUILDING. THE NOTIFICATION SHALL SUMMARIZE
 WORK THAT SHALL OCCUR IN THE BUILDING, ANY SPECIFIC WORK TO BE PERFORMED
 IN THE TENANT'S UNIT, THE TIMING OF THE WORK  AND  THE  OWNER  AGREEMENT
 WITH  THE  STATE.  THE TENANT SYNOPSIS SHALL EXPLAIN THAT RENT INCREASES
 ARE RESTRICTED FOR FIVE YEARS FOLLOWING THE GRANTING OF THE AWARD OF GAP
 FUNDS, AND THAT SUCH RESTRICTIONS APPLY REGARDLESS OF WHETHER THE  PROP-
 ERTY  CHANGES OWNERSHIP.   THE TENANT SYNOPSIS SHALL LIST THE CONDITIONS
 UNDER WHICH THE OWNER MAY INCREASE THE RENT  AND  OTHER  RIGHTS  TENANTS
 HAVE,  INCLUDING  THE  ABILITY TO FILE A CLAIM IN COURT AGAINST IMPROPER
 RENT INCREASES AND THE RIGHT TO VIEW A COPY OF THE OWNER  AGREEMENT  FOR
 THE  BUILDING  WHERE  THE TENANT RESIDES. THE OWNER SHALL BE REQUIRED TO
 ATTEST, IN WRITING THAT THEY HAVE PROVIDED A  TENANT  SYNOPSIS  TO  EACH
 TENANT  AND  POSTED APPROPRIATE NOTICES IN COMMON AREAS OF THE BUILDING,
 AND SHALL PROVIDE A LIST OF TENANT ADDRESSES TO THE DIVISION SO THAT THE
 DIVISION MAY SEND A COPY OF THE TENANT SYNOPSIS TO ALL RESIDENTS OF  THE
 BUILDING.
   (O)  IN  DETERMINING  FINANCIAL  AWARDS  PURSUANT TO THIS SECTION, THE
 DIVISION SHALL GIVE PREFERENCE TO APPLICATIONS BASED UPON THE EXTENT  TO
 WHICH THE PROPOSED REHABILITATION PROJECT MAY:
   (I) SERVE THE LOWEST INCOME HOUSEHOLDS IN DISADVANTAGED COMMUNITIES OR
 COMMUNITIES  IN  WHICH  BUILDINGS  ARE DETERIORATED OR DETERIORATING, OR
 HAVE AN INJURIOUS INFLUENCE ON THE SURROUNDING AREA, OR ARE IN DANGER OF
 BECOMING A DETERIORATING AREA BECAUSE OF THE EXISTENCE  OF  SUBSTANDARD,
 UNSANITARY,  AGED  HOUSING STOCK OR VACANT NON-RESIDENTIAL PROPERTIES OR
 OTHER FACTORS INDICATING AN INABILITY OR UNWILLINGNESS  OF  THE  PRIVATE
 SECTOR,  UNAIDED,  TO  CAUSE  THE REHABILITATION OF HOMES, AND WHICH ARE
 DESIGNED TO CONTINUE TO BE AFFORDABLE TO SUCH HOUSEHOLDS FOR A  SUBSTAN-
 TIAL PERIOD OF TIME;
   (II)  LEVERAGE PRIVATE AND OTHER PUBLIC INVESTMENT SO AS TO REDUCE THE
 AMOUNT OF ASSISTANCE APPROPRIATED PURSUANT  TO  THIS  SECTION  WHICH  IS
 NECESSARY TO COMPLETE SUCH PROJECTS;
   (III) CONTRIBUTE TO THE REHABILITATION OF THE NEIGHBORHOOD OR COMMUNI-
 TY IN WHICH THE PROGRAM IS LOCATED;
   (IV)  NOT DIRECTLY DISPLACE CURRENT LOW- AND MODERATE-INCOME RESIDENTS
 OF SUCH NEIGHBORHOOD OR COMMUNITY;
   (V) BE UNDERTAKEN AND COMPLETED IN A TIMELY FASHION; AND
   (VI) UTILIZE INNOVATIVE, COST-EFFECTIVE DESIGN TECHNIQUES AND BUILDING
 MATERIALS WHICH ENABLE THE DECONSTRUCTION OF  STRUCTURES  AND  REUSE  OR
 RECYCLING   OF   SUCH   DECONSTRUCTED   MATERIALS,   AND   WHICH  REDUCE
 CONSTRUCTION, REHABILITATION, OR OPERATING COSTS.
   (P) NO MORE THAN FIVE PERCENT OF FUNDS UNDER  THIS  PROGRAM  SHALL  BE
 ALLOCATED TO ANY SINGLE BUILDING PER YEAR.
   (Q)  THE  DIVISION SHALL PROVIDE FOR THE REVIEW, AT PERIODIC INTERVALS
 NOT LESS THAN ANNUALLY, OF THE PERFORMANCE OF CONTRACTED APPLICANTS  AND
 RELATED  REHABILITATION  PROJECTS RECEIVING FINANCIAL AWARDS PURSUANT TO
 THIS SECTION. SUCH REVIEW SHALL, AMONG OTHER THINGS, BE FOR THE PURPOSES
 OF ASCERTAINING CONFORMITY  TO  CONTRACTUAL  PROVISIONS,  THE  FINANCIAL
 INTEGRITY  AND EFFICIENCY OF AWARDEES AND THE EVALUATION OF THEIR ACTIV-
 S. 3006--B                         177
 
 ITIES. CONTRACTS ENTERED INTO PURSUANT TO THIS  SECTION  MAY  BE  TERMI-
 NATED, FUNDS MAY BE WITHHELD AND UNSPENT FUNDS RECAPTURED BY THE AUTHOR-
 ITY  UPON  A  FINDING  OF  SUBSTANTIAL  NONPERFORMANCE  OR BREACH BY THE
 AWARDEE OF ITS OBLIGATIONS UNDER ITS CONTRACT.
   4. REPORTING. NO LATER THAN SEPTEMBER FIRST FOLLOWING THE FIRST FISCAL
 YEAR  COMMENCING  AFTER  THE  EFFECTIVE  DATE  OF THIS SECTION, AND EACH
 SEPTEMBER FIRST THEREAFTER, THE DIVISION SHALL PREPARE A REPORT  ON  THE
 GREEN  AFFORDABLE  PRE-ELECTRIFICATION  PROGRAM PURSUANT TO THIS SECTION
 AND SUBMIT SUCH REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT  OF  THE
 SENATE,  AND THE SPEAKER OF THE ASSEMBLY. SUCH REPORT SHALL INCLUDE, BUT
 NOT BE LIMITED TO: (A)  THE  TOTAL  NUMBER  OF  APPLICANTS  TO  RELEVANT
 PROGRAMS  FOR  WHICH ELIGIBLE APPLICANTS UNDER THIS SECTION WOULD APPLY,
 AS DEFINED UNDER PARAGRAPH (B) OF SUBDIVISION ONE OF THIS  SECTION;  (B)
 THE  NUMBER  OF APPLICATIONS PENDING FOR THAT FISCAL YEAR; (C) THE TOTAL
 NUMBER AND VALUE OF FINANCIAL AWARDS DISBURSED AND  THE  NONPROFITS  AND
 PRIVATE  CONTRACTORS  WHICH RECEIVED SUCH AWARD, INCLUDING THE NUMBER OF
 AWARDED PROJECTS COMPLETED; (D) THE NUMBER OF RECIPIENTS OF FUNDS  UNDER
 THIS PROGRAM WHO ENTERED INTO AND COMPLETED OTHER RELEVANT PROGRAMS; (E)
 COMPLAINTS  BY  TENANTS  AND  HOMEOWNERS  RELATING TO PROJECTS COMPLETED
 UNDER THIS PROGRAM, ALONG WITH A SUMMARY OF THE ISSUES  IDENTIFIED  FROM
 ALL  THE  COMPLAINTS RECEIVED; AND (F) THE IDENTIFICATION OF BARRIERS TO
 THE UTILIZATION OF FINANCIAL  AWARDS  AND  PROPOSED  SOLUTIONS  FOR  THE
 REMOVAL OF THOSE BARRIERS TO EFFECTUATE DISBURSAL OF FINANCIAL AWARDS.
   5.  STANDARDS. THE DIVISION SHALL ESTABLISH A QUALITY CONTROL, CORREC-
 TIVE ACTION, AND INSPECTION PROCESS  TO  ENSURE  THAT  WORK  QUALITY  IS
 ACCEPTABLE AND DURABLE.
   6.  FUNDING.  FUNDING  FOR  THE  GREEN  AFFORDABLE PRE-ELECTRIFICATION
 PROGRAM SHALL CONSIST  OF  FUNDING  APPROPRIATED  FROM  THE  SUSTAINABLE
 FUTURE PROGRAM FOR SUCH A PURPOSE AS WELL AS ANY OTHER FUNDING SOURCE OR
 SOURCES  WHICH  THE  COMMISSIONER  MAY DETERMINE ARE SUITABLE TO SUPPORT
 SUCH A PROGRAM.
   § 1303. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH,  SUBDIVISION
 OR  SECTION  OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT
 JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT,  IMPAIR,  OR
 INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION
 TO  THE  CLAUSE,  SENTENCE,  PARAGRAPH,  SUBDIVISION  OR SECTION THEREOF
 DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT  SHALL  HAVE
 BEEN RENDERED. IT IS HEREBY DECLARED TO BE THE INTENT OF THE LEGISLATURE
 THAT  THIS  ARTICLE  WOULD  HAVE  BEEN  ENACTED  EVEN  IF  SUCH  INVALID
 PROVISIONS HAD NOT BEEN INCLUDED HEREIN.
   § 2. This act shall take effect immediately.
 
                                 PART SSS
 
   Section 1. Section 355 of the education law is amended by adding a new
 subdivision 22 to read as follows:
   22. THE STATE  UNIVERSITY  TRUSTEES  SHALL  ADOPT  A  POLICY  FOR  THE
 PROVISION  OF  EMERGENCY CONTRACEPTION AVAILABLE FOR PURCHASE THROUGH AT
 LEAST ONE VENDING MACHINE, EXISTING OR NEW, LOCATED ON EACH  STATE-OPER-
 ATED  INSTITUTION  IN  THE  STATE  UNIVERSITY OFFERING IN-PERSON STUDENT
 INSTRUCTION.   THE VENDING MACHINE SHALL BE  LOCATED  IN  A  SECURE  AND
 ACCESSIBLE AREA OF CAMPUS.  THE LOCATION OF THE VENDING MACHINE SHALL BE
 INCLUDED ON THE INSTITUTION'S WEBSITE.
   (A)  EMERGENCY  CONTRACEPTION  MADE  AVAILABLE  THROUGH  EACH  VENDING
 MACHINE SHALL SATISFY, AT A MINIMUM, ALL OF THE FOLLOWING REQUIREMENTS:
 S. 3006--B                         178
 
   (I) THE EMERGENCY CONTRACEPTION SHALL BE SOLD ONLY IN THE  MANUFACTUR-
 ER'S  CLEARLY LABELED, ORIGINAL, UNBROKEN, TAMPER-PROOF, AND EXPIRATION-
 DATED PACKAGING.
   (II) THE EMERGENCY CONTRACEPTION MAY NOT BE OLDER THAN THE MANUFACTUR-
 ER'S EXPIRATION DATE.
   (III)  THE  EMERGENCY CONTRACEPTION SHALL BE STORED IN ACCORDANCE WITH
 MANUFACTURER RECOMMENDATIONS.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "EMERGENCY  CONTRA-
 CEPTION"  MEANS OVER-THE-COUNTER MEDICATION TO BE SELF-ADMINISTERED THAT
 IS APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION THAT CAN SIGNIF-
 ICANTLY REDUCE THE RISK OF PREGNANCY IF TAKEN WITHIN  SEVENTY-TWO  HOURS
 AFTER UNPROTECTED SEXUAL INTERCOURSE.
   §  2.  Section  6206  of  the education law is amended by adding a new
 subdivision 24 to read as follows:
   24. THE BOARD OF TRUSTEES SHALL ADOPT A POLICY REQUIRING THE PROVISION
 OF EMERGENCY CONTRACEPTION AVAILABLE FOR PURCHASE THROUGH AT  LEAST  ONE
 VENDING  MACHINE,  EXISTING  OR  NEW, LOCATED ON EACH INSTITUTION OF THE
 CITY UNIVERSITY OF NEW YORK OFFERING IN-PERSON STUDENT INSTRUCTION.  THE
 VENDING  MACHINE  SHALL  BE  LOCATED  IN A SECURE AND ACCESSIBLE AREA OF
 CAMPUS.  THE LOCATION OF THE VENDING MACHINE SHALL BE  INCLUDED  ON  THE
 INSTITUTION'S WEBSITE.
   (A)  EMERGENCY  CONTRACEPTION  MADE  AVAILABLE  THROUGH  EACH  VENDING
 MACHINE SHALL SATISFY, AT A MINIMUM, ALL OF THE FOLLOWING REQUIREMENTS:
   (I) THE EMERGENCY CONTRACEPTION SHALL BE SOLD ONLY IN THE  MANUFACTUR-
 ER'S  CLEARLY LABELED, ORIGINAL, UNBROKEN, TAMPER-PROOF, AND EXPIRATION-
 DATED PACKAGING.
   (II) THE EMERGENCY CONTRACEPTION MAY NOT BE OLDER THAN THE MANUFACTUR-
 ER'S EXPIRATION DATE.
   (III) THE EMERGENCY CONTRACEPTION SHALL BE STORED IN  ACCORDANCE  WITH
 MANUFACTURER RECOMMENDATIONS.
   (B)  FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "EMERGENCY CONTRA-
 CEPTION" MEANS OVER-THE-COUNTER MEDICATION TO BE SELF-ADMINISTERED  THAT
 IS APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION THAT CAN SIGNIF-
 ICANTLY  REDUCE  THE RISK OF PREGNANCY IF TAKEN WITHIN SEVENTY-TWO HOURS
 AFTER UNPROTECTED SEXUAL INTERCOURSE.
   § 3. This act shall take effect April 1, 2026. The boards of  trustees
 for the state university of New York and the city university of New York
 shall  adopt  policies to implement the provisions of this act within 60
 days after this act shall have become a law.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through SSS of this  act  shall
 be as specifically set forth in the last section of such Parts.